Law Offices of Daniel J. Andoni

503 S. Saginaw Street, Suite 510, Flint Michigan 48502 | 810-232-7822 | info@attorneyandoni.com

 

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Daniel J. Andoni

Attorney at Law

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CHANGE OF DOMICILE

Relocating with a minor outside Michigan or more than 100-miles from the child’s current residence is one of the most difficult legal battles a divorced person, or person who shares custodial rights with another, can face. The court considers many factors in response to a request to relocate outside of the jurisdiction as laid out in MCLA 722.31, they are:

 

 (a) Whether the legal residence change has the capacity to improve the quality of life for both the child and the relocating parent.

 (b) The degree to which each parent has complied with, and utilized his or her time under, a court order governing parenting time with the child, and whether the parent's plan to change the child's legal residence is inspired by that parent's desire to defeat or frustrate the parenting time schedule.

(c) The degree to which the court is satisfied that, if the court permits the legal residence change, it is possible to order a modification of the parenting time schedule and other arrangements governing the child's schedule in a manner that can provide an adequate basis for preserving and fostering the parental relationship between the child and each parent; and whether each parent is likely to comply with the modification.

 (d) The extent to which the parent opposing the legal residence change is motivated by a desire to secure a financial advantage with respect to a support obligation.

 (e) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.

 

Getting a court order that allows you to move is a time-consuming process and, if you’re even contemplating such a move, you should begin discussion with your attorney early on.