Can I move more than 100 miles with my child in Michigan?

When the rule applies

The 100-mile limit does not apply if the order grants sole legal custody to one parent, if the residences were already more than 100 miles apart when the case started, if the move brings the residences closer together, or if the move follows a residence-change provision the parents agreed to in the order (MCL 722.31(2), (3), (5)).

Separately, every Michigan custody order must say the child’s domicile or residence may not be moved from Michigan without the approval of the judge who awarded custody (MCR 3.211(C)(1)).

What the court weighs

With the child as the primary focus, the court considers whether the move can improve the quality of life for the child and the relocating parent; each parent’s compliance with and use of parenting time and whether the move is meant to frustrate it; whether parenting time can be modified to preserve each parent’s relationship; whether the opposing parent is motivated by a support advantage; and domestic violence (MCL 722.31(4)).

How to ask

The request is made on SCAO form FOC 115, Motion Regarding Change of Domicile/Legal Residence, and the other parent can respond on FOC 116. A parent who needs to reach a safe location from the threat of domestic violence may move there with the child until the court decides (MCL 722.31(6)).