Moving Away With a Child in Michigan: Relocation Notice, Distance Rules and Burden of Proof
In Michigan a parent subject to a custody order may not move the child’s legal residence more than 100 miles from where it was when the case began without the other parent’s consent or the court’s permission. The court weighs five factors.
What does the Michigan relocation law say?
A child whose custody is governed by a court order has a legal residence with each parent, and a parent shall not change the child’s legal residence to a location more than 100 miles from the child’s legal residence at the time the action in which the order was issued began (MCL 722.31(1)).
| Question | What the statute says |
|---|---|
| Who is restricted | A parent of a child whose custody is governed by court order |
| Distance trigger | More than 100 miles from the child’s legal residence when the action began |
| Legal residence | The child has a legal residence with each parent |
| Exceptions | The other parent consents; the court permits it; sole legal custody to one parent; residences were already more than 100 miles apart; the move brings the residences closer |
| Order provision | Each custody or parenting time order includes how a legal residence change will be handled, or the statutory sentence |
| Safety | A parent seeking safety from domestic violence may move with the child until the court decides |
When is the 100-mile limit not a bar in Michigan?
The restriction does not apply if the other parent consents to, or the court permits, the residence change; if the order grants sole legal custody to one parent; if the child’s two residences were already more than 100 miles apart when the action began; or if the change leaves the two legal residences closer to each other than before (722.31(2)-(3)).
What factors does the court weigh in Michigan?
With the child as the primary focus, the court considers whether the change can improve the quality of life for both the child and the relocating parent; how well each parent has complied with and used parenting time and whether the plan is meant to defeat the schedule; whether a modified schedule can preserve each parent’s relationship with the child and whether each parent is likely to comply; whether the opposing parent is motivated by a financial advantage on support; and domestic violence, regardless of whom it was directed against (722.31(4)).
Is there a notice period or a burden of proof in Michigan?
The section states neither. The parent who wants to move must obtain the other parent’s consent or the court’s permission, and the court weighs the five factors above, so ask a licensed Michigan attorney how to bring the motion.
What must the custody order say about moves in Michigan?
Each order determining or modifying custody or parenting time includes a provision stating the parents’ agreement on how a change in either legal residence will be handled; if they do not agree, the court includes a statutory sentence that the legal residence may not be changed except in compliance with section 11 of the Child Custody Act (722.31(5)).
What if a parent needs to flee domestic violence in Michigan?
A parent who needs to seek a safe location from the threat of domestic violence may move with the child until the court makes its determination under the section (722.31(6)).
What about support and the schedule after a move in Michigan?
A longer distance can change the schedule and the overnights. Recount with the Michigan parenting time calculator and run the Michigan child support calculator. A change of circumstances can also support a request to modify an order (722.27).
Frequently asked questions
How far can I move with my child in Michigan without permission?
Up to 100 miles from the child’s legal residence when the action began; beyond that you need the other parent’s consent or the court’s permission.
Does the Michigan 100-mile rule apply with sole legal custody?
No. It does not apply if the order grants sole legal custody to one parent.
Can a Michigan parent move to escape domestic violence?
Yes, to a safe location, until the court decides.
What does a Michigan court consider on a relocation?
Five factors: quality of life, compliance with parenting time, a workable modified schedule, the opposing parent’s financial motive and domestic violence.
Does a move change Michigan child support?
It can, if it changes the overnights.
Official sources
- MCL 722.23: best interests of the child
- MCL 722.26a: joint custody
- MCL 722.27: custody orders; modification
- MCL 722.27a: parenting time
- MCL 722.31: change of legal residence
- Michigan Child Support Formula manual
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Michigan statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Michigan attorney.