187 South Old Woodward Avenue
Suite 250
Birmingham, Michigan 48009
Call Today (248) 540-3800
Divorce / Family Law Specialists
Ronald J. Bajorek
& Associates

Change of Domicile

What if I have to move out of the state with the minor children?

Not infrequently after divorce one party must move for an employment opportunity or for re-marriage or other life circumstances.  If there are minor children, such move will inevitably disrupt the established custody and parenting time arrangements.

Here is an overview of the current Michigan law.  In 2001, the State of Michigan enacted the “100 Mile Rule”, which states that neither party, in cases of joint legal custody, may change the residence of the minor children more than 100 miles away for the legal residence at the time the divorce case was commenced without first obtaining the court’s permission.  The four exceptions to the Rule are:

  1. When the divorce Judgment grants sole legal custody to one parent.
  2. When the child’s two residences were more than 100 miles apart at the time the divorce case began or when the proposed move would result in the residences being closer together.
  3. When the divorce or custody order contains the parties agreement as to how a  change in either of the child’s legal residences will be handled and the proposed move complies with such agreement, or
  4. When the party seeking to change the legal residence needs a safe location from the threat of domestic violence. 

In allowing or disallowing a change of domicile for the minor children, the court must consider the following factors:

Whether the change has the capacity to improve the quality of life for both the child and the relocating parent.

The degree to which the parents' plan to change the child’s residence is influenced by such parent’s desire to defeat or frustrate the parenting time schedule.

The degree to which, if the change is made, it is possible to modify the parenting time schedule to provide an adequate basis to preserve and foster the parental relationship between the child and each parent and whether each parent is likely to comply with the modification.

The extent to which the parent opposing the change of domicile is motivated by a desire to secure financial advantage with respect to child support.

Whether domestic violence is a factor.

One should rarely attempt to change domicile, where the other parent will not agree, without the assistance of experienced counsel.

(248) 540-3800

Ronald J. Bajorek
187 South Old Woodward Avenue
Suite 250
Birmingham, Michigan 48009
Call Today (248) 540-3800
Located in the historic Birmingham Theatre Office Building 1 block south of Maple, in the heart of downtown Birmingham.

Providing comprehensive divorce representation throughout Michigan including cities of Bloomfield Hills, Birmingham, West Bloomfield, Franklin, Bingham Farms, Beverly Hills, Huntington Woods, Troy, Rochester, Rochester Hills, Novi, Southfield, Royal Oak, Farmington Hills, Clarkston, Livonia, Canton, Plymouth, Northville, Commerce, Milford, Brighton, Grosse Pointe, Sterling Heights, Bloomfield Twp., Shelby Twp., Macomb, Ann Arbor, Lake Orion, Oakland County, Wayne County, Macomb County, Washtenaw County and Livingston County among others.

Have a Question?