Having children can mean putting down roots, but sometimes circumstances in life require us to become transplants. After a divorce, however, relocating with children is not as simple as packing up and leaving.

Michigan law places specific limits on when and how a parent can move a child out of state after divorce, and failing to follow those rules can have serious legal consequences.

Here are three quick takeaways from this post:

• In Michigan, if your move affects the other parent’s parenting time, even if you have primary custody, you generally cannot move out of state with your child after a divorce without court approval.
• Courts decide relocation requests based on the child’s best interests, focusing on factors like the child’s relationship with both parents, stability, and the impact on parenting time — not just the relocating parent’s reasons.
• Moving without permission can have serious legal consequences, including contempt of court, custody changes, or orders requiring the child to be returned, so relocation issues should always be addressed before making a move.

Do You Need Court Approval to Move with Your Child?

In Michigan, a parent generally cannot move more than 100 miles from their current residence or out of state without permission if it would affect the other parent’s parenting time. This rule applies even if:

• You have primary physical custody
• The move seems reasonable or necessary
• The other parent verbally agrees (in some cases, court approval is still required)

If the move impacts the existing custody arrangement, the court typically must approve it first.

What Does the Court Factor into Its Decision?

When a relocation request is filed, the court does not automatically approve or deny it. Instead, it evaluates whether the move serves the child’s best interests. As part of its decision, Michigan courts consider several factors, including:

• The reason for the proposed move
• The quality of the child’s relationship with both parents
• How the move will affect parenting time and emotional bonds
• Whether a reasonable alternative parenting schedule can be created
• The child’s educational, emotional, and social stability

The goal is not to decide what is best for the parent. Rather, the focus remains on what is best for the child, as per MCL 722.23

What If My Ex is Ok with the Move?

As mentioned, a verbal “yes” from your ex is not enough for the courts to permit you to relocate, but consent from the other parent can make a difference.

In these instances, when both parents agree to the relocation, the process is usually much smoother, but it’s still important to put the agreement in writing, submit it to the court for approval, and update the custody order to reflect the new arrangement.

What Happens If You Move Without Permission?

Moving a child without following Michigan’s relocation rules can lead to serious consequences, including:

• A court order requiring the child to be returned
• Loss of custody or parenting time rights
• Contempt of court proceedings
• A modification of the existing custody arrangement

Even if the move was made in good faith, courts take violations of custody orders seriously.

What If You’re Trying to Stop a Move?

If the other parent is planning to relocate with your child, you may have the right to object and ask the court to review the proposed move. The court will still apply the same “best interests of the child” standard when making its decision.

Have Questions About Relocation After a Divorce? Contact Us at McKinney Vos

Relocation cases require careful planning, strong documentation, and a clear understanding of how the court evaluates a child’s best interests. If you are considering a move, or believe the other parent is planning one, it’s important to address the issue early. Once a move happens, it can become much harder to reverse or adjust.

At McKinney Vos PLLC, we help parents navigate custody relocation issues with strategy and compassion. If you are considering moving out of Michigan with your child, or need help responding to a proposed move, contact us today to schedule your free consultation.

FAQ Section

Q: Can I move out of Michigan with my child after a divorce?

A: Generally, no - not without permission. Michigan law requires a parent to obtain court approval before moving more than 100 miles from their current residence or out of state if the move would affect the other parent's parenting time. This rule applies even if you have primary physical custody. Moving without permission can result in serious legal consequences, including an order requiring the child to be returned.

Q: What does the court consider when a parent wants to relocate with a child in Michigan?

A: Michigan courts evaluate relocation requests based on the best interests of the child under MCL 722.31. Factors considered include the reason for the proposed move, the quality of the child's relationships with both parents, how the relocation would affect existing parenting time and emotional bonds, whether a reasonable alternative parenting schedule could be created, and the child's educational, social, and emotional stability. The court's focus is on the child, not on the convenience or preferences of the relocating parent.

Q: What happens if both parents agree to the relocation?

A: When both parents agree in writing, the relocation process is generally smoother. However, a verbal agreement is not sufficient. The agreement must be submitted to the court for approval, and the existing custody order must be formally updated to reflect the new arrangement. Skipping this step can leave you legally exposed even if the other parent originally consented.

Q: What are the legal consequences of moving a child out of Michigan without court permission?

A: Moving a child without following Michigan's relocation requirements can have serious consequences. A court may order the child to be returned immediately, hold the relocating parent in contempt of court, modify the custody arrangement in favor of the other parent, or impose fines or attorney fee awards. Even if the move was made with good intentions, courts treat violations of custody orders seriously.

Q: How do I stop the other parent from moving out of Michigan with my child?

A: If you believe the other parent is planning to relocate with your child without permission, contact a Michigan family law attorney as soon as possible. You have the right to object to the proposed move and request a court hearing. The court will apply the same best-interests standard and may issue an emergency order prohibiting the relocation while the matter is pending. Acting quickly is important because relocations that have already occurred are harder to reverse.