Change of Child’s Residence & Relocation Law in Michigan Attorney in Michigan

Relocating with a child isn’t just a personal decision—it often triggers the application of complex legal standards under Michigan’s custody laws. We help you understand your obligations, evaluate the move’s impact on parenting time and support, and pursue the best outcome under the law.

Under Michigan law, if your custody or parenting-time order is in place and you share legal custody, you typically need court approval before moving your child’s residence either (a) outside the state or (b) more than 100 miles from the child’s residence at the time your case began. 

The key rules include:

• If you wish to move more than 100 miles within Michigan or out of state, a motion must be filed unless the other parent consents.
• If the custodial parent has sole legal custody, the rules are different and court intervention may not always be required.
• Consent from the other parent may simplify matters, but should be documented and filed.
• Failure to obtain permission may result in objections, enforcement actions, or a change of custody.

Our attorneys help you analyze whether your move triggers the statute, map out distances, gather consent, and determine if a motion is necessary.

When court approval is required for relocation, Michigan judges focus on a series of factors to decide whether the move serves the child’s interests. These include the so-called “100-mile rule” factors and the broader “best interests of the child” standard. 

Important considerations include:

• Whether the new residence will improve the child’s quality of life and the parent’s capacity to provide care.
• Whether the move is motivated by improper reasons (such as limiting the other parent’s visitation or altering support obligations).
• Whether the other parent will be able to maintain a meaningful relationship with the child under the new plan.
• Whether the proposed relocation would require a change in established custodial environment—and if so, whether that change would be in the child’s best interests.

We prepare detailed filings, gather evidence (such as job offers, schooling benefits, housing stability), negotiate with the other parent, and advocate for solutions that allow relocation when appropriate—or protect your rights when you oppose it.

A shift in residence not only affects where a child lives—it often triggers adjustments in parenting time schedules and child support calculations. For example:

• Moving far away or out of state may require longer visitation trips, more travel expense, or changed overnight arrangements.
• The distance may impact how the court views the existing parenting-time schedule and whether it remains feasible.
• Child support may increase, decrease, or require reevaluation if the parent’s time with the child changes significantly.
• A move without proper court permission may expose you to enforcement actions or undo existing orders.

At Mihelich & Kavanaugh, PLC we assess how your move will affect support, design relocation-friendly parenting-time plans, and help you avoid pitfalls such as miscalculating obligations or assuming a move is automatic. We ensure you proceed with full awareness of the legal and financial consequences.

If you are planning to relocate with your child or facing a parent’s relocation request, the attorneys at Mihelich & Kavanaugh, PLC are ready to help. We offer strategic guidance through Michigan’s change-of-residence rules, assist with motions and hearings, negotiate agreements, and protect your rights and your child’s best interests.

Call our office today or complete our secure online form to schedule a consultation. Let us help you evaluate your move, prepare the necessary legal steps, and move forward with clarity and confidence.