QUESTION
Did I break any rule when I moved out of state with my children?
Asked on May 30th, 2014 on Child Custody - Michigan
More details to this question:
I recently moved with my two children. Their dad and I are divorced and our Judgement of Divorce became final on July 30, 2004. Through the order, I have sole legal and sole physical custody of our children and the state's "100 mile rule" does not apply. Also, the order does NOT have any provision stating that I am required to seek permission of the court before moving out of state. Therefore am I correct in my understanding that I am not in violation of our order when I moved out of the state?
1 ANSWER
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would have to review the judgment of divorce and its provisions. Generally, at least in Michigan, a sole legal and physical custody parent, regardless of the fact that they have a legal right to do so, must seek the permission and provide notification to the court that they are removing the children from the state where the court has jurisdiction. This is normally a formality, but a necessity. If you have already moved you should file a motion with the court to at least inform the court of the current situation.
Answered on May 30th, 2014 at 10:41 AM