the smart law group
change of domicile
Change of Domicile
Permission is needed. Plan ahead.
When a parent wants to move to another state with a child, permission from the court is needed. Moving with a child to another state is going to change the relationship between the non-moving parent and the child.
This is a significant change to the parental relationship and this should be discussed with our attorneys before even contacting the other parent to make sure that all of the proper considerations and preparations are made to make the best presentation for the move. Conversely, if you are presented with a change, you should immediately contact our attorneys to make sure all of your interests are protected. Of course, you can always reach an agreement with the other parent, but there are many considerations in making a smart decision for you and your child.
If after proper preparation and communication with the other parent, an agreement cannot be reached, the court will need to consider any change of domicile. The court will look at certain factors before making a decision on whether to permit the child to move to another state.
In Michigan, judges make decisions (when there is joint legal custody) based on a review that includes the following questions:
- What are the advantages of the move by improving the general quality of life for the child and relocating parent?
- What are the motives for the move, i.e. is the move triggered by one parent's desire to prevent the other parent from having parenting time?
- Would the moving parent comply with parenting time orders after that parent moves?
- Is one parent seeking to relocate or to challenge the relocation because of a desire to gain a financial advantage, i.e. child support issues?
- Is there a reasonable opportunity for the non-moving parent to have parenting time instead of the existing parenting time schedule and would the non-moving parent still have parenting time with the child after the move in a way that preserves and fosters the parental relationship?
- What is the motivation of the non-moving parent is resisting the move?
- Is there a history of domestic violence (regardless of whether it involves the child)?
A change of domicile is a serious move and a review of the circumstances must be made as soon as possible to obtain the best result. Contacting The Smart Law Group is the best way to make the smartest choices for your future.