Domicile/Residence of minor chil

Domicile/Residence of minor child

A child has a legal residence with each parent, unless the court grants sole legal custody to 1 of the child’s parents. At no time can a parent change the legal residence of the minor child without consent (stipulation) of the parties, or by court order. MCL 722.31

• 100 Mile Law: Parents awarded joint legal custody of a minor child who resided less than 100 miles from each other at the time the order was entered, shall not change the legal residence of the child more than 100 miles form the other parent unless the other party gives written consent or permission has been granted by the court. (Each parent’s residence is considered a legal residence of the child for purposes of this provision.) If the other parent does not agree, a motion to change legal residence must be filed. The party filing a motion to change the residence of the minor child will be responsible to pay the filing fee with the clerk’s office.

If the 2 residences of the parties at the onset of this action were more than 100 miles apart, the above section does not apply.

• Change of Domicile: The domicile (permanent residence) of a minor child may not be moved from the State of Michigan without written consent of the other parent or permission of the court. This provision refers to the domicile of the parent awarded physical custody or each parent if awarded joint physical custody. If parents do not consent to a change of domicile, a motion to change domicile must be filed (a filing fee is required to be paid at the time of filing such motion). If a change of domicile is granted, the domicile may not be moved from that state other than back to Michigan unless another change of domicile is granted. A parenting time schedule will be reflected in the order if a change of domicile is granted. ( Order to Change Domicile) The custodian shall promptly notify the court when the child is moved to another address.

Before the court permits a legal residence change, the court must consider the following factors, with the child as the primary focus in the court’s deliberations:

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

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

• 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.

• 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

• Domestic violence, regardless of whether the violence was directed against or witnessed by the child

• Each order determining or modifying custody or parenting time of a child shall include a provision stating the parent’s agreement as to how a change in either of the child’s legal residence will be handled. If such a provision is included in the order and a child’s legal residence change is done in compliance with that provision, this section does not apply. If the parents to not agree on such a provision, the court shall include in the order the following provision: “A parent whose custody or parenting time of a child is governed by this order shall not change the legal residence of the child except in compliance with section 11 of the “Child Custody Act of 1970”, 1970 PA 91, MCL 722.31.

Forms:

Change of Domicile/Legal Residents