When a parent needs to relocate, it can impact existing child custody and parenting time arrangements. Modifying these arrangements requires careful consideration of various legal factors.
Relocation and legal requirements
In Michigan, if a parent with joint custody wants to move more than 100 miles away from the other parent, they must seek the court’s approval before doing so. This rule also applies if the move would cross state lines.
Best interests of the child
The primary concern in any modification of custody or parenting time is the child’s best interests. When a parent relocates, the court will evaluate how the move will impact the child’s relationship with both parents. They will also consider the child’s education and their overall well-being.
Parental cooperation and proposed plans
The relocating parent must propose a new custody and parenting time plan. This should address how the child will continue to have a meaningful relationship with both parents. The court will look at how willing both parents are to cooperate and whether the proposed plan is reasonable.
The burden of proof
The parent requesting the modification due to relocation carries the burden of proof. They must demonstrate that the move is necessary. The court will weigh the potential advantages of the move against the potential disruption to the child’s life.
Potential impact on existing custody agreements
A relocation could lead to significant changes in existing custody agreements. The court may decide to change the primary custody arrangement, adjust the parenting time schedule, or even revisit other aspects of the custody order.
Navigating relocation and custody modifications
Relocating with a child brings legal challenges that demand careful planning and attention to detail. Understanding the legal framework and preparing a well-supported case can help parents smoothly manage changes to custody arrangements, minimizing disruption and maintaining stability in their child’s life.