Can I Stop the Other Parent from Moving Out of State – Michigan Lawyers
Can one parent stop the other from moving outside of Michigan? A parent’s freedom to travel is protected under the Constitution. The other parent’s decision to leave the state cannot be stopped.
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The more pertinent question is, can a parent pick up their children and leave the state? A parent cannot leave the state with the children without the court’s consent. A decision enabling the children’s change of legal residence can only be made by the court. A non-custodial parent has the power to compel a custodial parent to stay. The co-parent has the option of requesting that the children remain. Stay under Michigan’s jurisdiction. The custodial parent can change the children’s place of residence legally. The non-custodial parent will still have a chance to object, according to the court. If you share custody, your case for keeping the children in the state is stronger.
What does relocation mean in a custody case?
A resident in a custody case is viewed much like a resident defined in the tax code. The residency and domicile have an impact on how taxes are calculated. It has an impact on how services are provided to inhabitants of a certain state. Every state wants to determine who should be subject to its tax rules or eligible for its benefits.
A resident is defined under section 206.18 of Chapter 206 Income Tax Act of 1967 of 2016 Michigan Compiled Laws:
[ a ] It applies to natural persons—individuals with a place of residence in the state.
[ b ] It applies to an estate, the estate of a decedent who, at the time of his or her death, was a resident of this state.
[ c ] It applies to a trust. Any trust created by a decedent’s will who was a resident of this state at the time of his death. It applies as well to any trust created by, or composed of, a person residing in this state, at the time the trust becomes irrevocable.
[ d ] Corporations. They are defined as residents too. Resident refers to a corporation established under the laws of this state.
A taxable year ends on the date of death. This is for purposes of the definition of “resident” under the tax code.
Relocation disrupts the parenting time schedule imposed by the court. The effects of the child’s new residence must be considered. You need to be knowledgeable about relocation and change of domicile. It involves more than just filling out piles of paperwork. Relocation and changing domicile have a large impact on the child’s established routine. It also has much impact on parenting time. The crucial justification for the relocation must be disclosed to the court. To make relocation acceptable, a lot of work must be done. Weeks can pass before an attorney has relevant data. The data needed to learn more about your relocation or change of domicile. The court will set hearing dates. There must be motions submitted. You must file your motion with the court for your desired residency move months in advance.
A person’s “domicile” is the place where they have their primary and actual home. This is where they expect to return whenever they are away from it. Until they establish another permanent residence, a person’s domicile remains in effect. A person’s taxable income must be determined separately for each status. They can switch from resident to nonresident or vice versa during the tax year. A person can spend more than half of the tax year in Michigan. That is more than 183 days if the tax year is less than 12 months. They are deemed to be a resident who dwells here.
Although you are permitted to have many homes, you may only have one domicile at a time. This address is maintained until a new permanent home is identified. The following prerequisites must all be met before changing your domicile:
[1] You explicitly intend to move out of your existing home,
[2] You have a clear desire to move into a new home, and
[3] You have relocated to your new home.
For each of these three requirements, you must offer specific supporting evidence.
What are legitimate reasons for relocating a child out of state?
Moving children under a child custody order is a frequent occurrence. Divorced parents remarry. A parent takes on a new job opportunity. They can move more than 100 miles from their current home. People and families can relocate and change domicile for valid reasons. It is a trend in urban migration already evident in today’s population.
Here are some popular reasons why families or couples relocate.
[ a ] Job transitions and career opportunities
[ b ] A lifestyle shift or a new relationship
[ c ] Bias for a certain school district
[ d ] Financial limitations and difficulties
[ e ] Housing options: purchasing vs. renting
[ f ] More living space is required
[ g ] A different atmosphere and setting
[ h ] Overcoming or getting away from COVID-19
Parents receive a court order for custody and visitation. The document outlines their obligations legally when a child moves. Depending on the type of custody they have, the court must grant permission to relocate. When a parent is granted sole custody, they are granted full legal and physical custody of the child. As an alternative joint custody is awarded. Both parents must regularly see the child and share the child’s legal rights. A Michigan custody order can deny moving a child’s residence. If so, the parent wanting to leave with the child must request a new court order.
How can I stop my co-parent from moving my children out of state?
Talking about child custody involves addressing two issues. Both legal and physical custody are mentioned. Most of the children’s time is spent sleeping and living in the home under physical custody. Whoever has legal custody of the children decides what is best for them. Only one parent may have physical custody, but both parents share legal custody. One could possess both.
You have no control over your ex-spouse taking your children on a spring break vacation. Your ex having sole custody leaves the state or the country. Things will be different if your ex-spouse takes the children outside the country. Your former spouse must file a petition to change the existing address to a new place of residence. You can object to this petition. The court will determine whether to grant your objection when your counsel files it. There might not be a better option, but it might be your only option.
A court order or the consent of the other parent is required. It is a requirement for any move to a residence that is more than 100 miles from the child’s current address. One parent could want to relocate the child to a different state. Even if it is close by, a judge must allow the relocation. The co-parent can still appear in court proceedings after the relocation. You can object as a co-parent. The court can insist on judicial consent.
The parent who wishes to relocate the child must file a motion with the Michigan state courts. A motion can be so moved and justified. Moving is commonly done for familial ties, work-related reasons, or educational opportunities. You can legitimately object to the relocation and request a court hearing. Before making a decision, the court must take a variety of factors into account.
Something else to watch out for. You might be having a heated custody battle. Schedules for parenting time can be planned. Parents who are divorced or separated can agree. It can also be broken by one of the parents. Charges of parental kidnapping can be brought against a parent. A parent keeps a child from the other parent and hides him or her. It is a crime that carries a penalty of either jail time or fines. You can file parental kidnapping charges and get a conviction. Of course, your children may see you differently after.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.