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Michigan Family Law Blog

Thursday, April 11, 2019

5 Factors a Judge Will Consider in Relocation

It is common for parents to relocate for a variety of reasons when their children are minors. They may move because they have a better job opportunity, to be closer to family, or because they enter a new relationship. When parents have a time-sharing agreement, relocating the child’s residence can make it difficult to continue under the current time-sharing agreement. A parent may lose quality time with his or her child.

Therefore, laws are in place to ensure the child has every possible chance to foster a close relationship with both parents, if that is in the child’s best interest. If you fear your child’s other parent is about to relocate with your child or you wish to relocate with your child, a Michigan child custody and relocation lawyer can help you fight for what is in the best interest of your child.

Five Factors Used By Judges in Relocation Cases

When a judge is presented with a petition to relocate with a child, the judge must determine if the relocation is in the best interest of the child. The five factors the judge considers in a relocation case are:

  1. Is the change in location of the child’s residence in the best interest of the child and the parent who is relocating? To determine this, the judge considers whether the relocation improves the lives of the child and the parent, with more emphasis on improving the child’s life rather than improving the parent’s life.

  2. If both parents have exercised their parenting time with their child. The judge considers whether the move is an attempt to discourage or prevent parenting time between the child and the other parent.

  3. Will the relocation allow both parents to continue a healthy relationship with their child? Does relocating the child allow for modifications of the parenting time schedule and will the parents adhere to the new parenting schedule?

  4. Whether a financial advantage is the motivation of the parent objecting to relocating the child.

  5. Does the relocation of the child place the child at risk of domestic violence or in a situation in which the child might witness domestic violence?

If you want to relocate with your child, you must do so within the confines of Michigan custody laws. Moving with your child without the consent of your child’s other parent and court approval can result in unwanted consequences. You could give your child’s other parent a reason to request a change in custody terms, if you proceed to relocate your child without permission from the court.

Contact a Michigan Child Custody Attorney for More Information

Technology allows us to remain in contact with friends and family who may live far away from us. However, telephone calls and video chats are different from personal contact.

Do you want to protect your right to remain an active participant in your child’s life? Do you believe a move will benefit your child, even though it might reduce the time your child spends with his or her other parent? 
 
Schedule a consult with Michigan relocation lawyer, Cameron C. Goulding today to discuss how Michigan custody laws apply in your situation.


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