Moving With Your Child in Michigan: Change of Domicile

The 100-mile rule

A child whose custody is governed by a court order has a legal residence with each parent (MCL 722.31(1)). A parent may not change the child’s legal residence to a place more than 100 miles from the child’s legal residence when the case that produced the order began, unless:

• the other parent consents, or
• the court permits it after considering the factors below (MCL 722.31(2)).

When the rule does not apply

• The custody order grants sole legal custody to one parent (MCL 722.31(2)).
• The child’s two residences were already more than 100 miles apart when the case began (MCL 722.31(3)).
• The move brings the two residences closer together (MCL 722.31(3)).
• The order contains the parents’ own agreed provision on how a residence change will be handled, and the move follows it (MCL 722.31(5)).

The factors the court weighs

Before permitting a move the 100-mile rule restricts, the court must consider each of these factors, with the child as the primary focus (MCL 722.31(4)):

• (a) Whether the move has the capacity to improve the quality of life for both the child and the relocating parent.
• (b) How well each parent has complied with and used their parenting time, and whether the move is meant to defeat or frustrate the parenting time schedule.
• (c) Whether the court can modify parenting time in a way that preserves and fosters the child’s relationship with each parent, and whether each parent is likely to comply.
• (d) Whether the opposing parent is motivated by a desire to secure a financial advantage on support.
• (e) Domestic violence, whether or not directed against or witnessed by the child.

If the move would also change the child’s established custodial environment, the court must hold an evidentiary hearing before changing it on a contested motion (MCR 3.210(C)(1)).

Forms

• FOC 115, Motion Regarding Change of Domicile/Legal Residence (Rev. 6/17). It asks why the move is in the children’s best interests and whether to continue or modify the parenting time order.
• FOC 116, Response to Motion Regarding Change of Domicile/Legal Residence (Rev. 6/17).

Service and hearing timing follow the same rules as other motions. See the service guide.

Safety exception

If the rule applies and the parent needs to reach a safe location from the threat of domestic violence, the parent may move there with the child until the court decides the matter (MCL 722.31(6)).

Notice of a new address

Custody orders also require the person awarded custody to notify the Friend of the Court in writing promptly when the child moves to another address (MCR 3.211(C)(2)).

Primary sources

Rules and forms change. Check the current version at the source before you file.

• MCL 722.31, change of legal residence
• MCR 3.210(C), 3.211(C) (Chapter 3)
• SCAO FOC 115, Motion Regarding Change of Domicile
• SCAO FOC 116, Response