What the 100-Mile Rule Means for You

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If you have been through a divorce and are the custodial parent, moving your residence is far from a simple personal decision. This is especially true if you intend to move more than 100 miles from your current residence.

In 2001, the Michigan legislature adopted a law that expanded the court’s jurisdiction over moves out of town by the custodial parent. MCL 722.31, commonly referred to as the 100-mile rule, applies to moves more than 100 miles, and requires the court to consider several factors in granting a change in domicile. These include:

  • Whether the legal residence change has the capacity to improve the quality of life for the child and the relocating parent
  • The degree to which each parent has complied with the parenting time order and whether the parent’s plan to change the child’s legal residence is inspired by a desire to defeat or frustrate the parenting time schedule
  • The degree to which the court is satisfied that a parenting time modification order and other arrangements governing the child’s schedule can 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 legal residence change is motivated by a desire to secure a financial advantage (reduced child support)
  • Domestic violence, regardless of whether the violence was directed against or witnessed by the child

If the custodial parent has sole legal custody, then that parent can move without any restrictions.  Additionally, it is also important to know that a direct line measures the 100 miles — not road miles.

If you are contemplating a change in domicile or your former spouse is planning on moving, understanding the legal implications is critical. Please contact the attorneys at Boyer, Dawson and St. Pierre today at 586-731-7400 for assistance in your relocation.

Posted in Divorce and Custody

Topics:  100-Mile Rule, Custodians, Divorce, Domicile, Parental Rights

Published In: Family Law Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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