Of all the issues that arise after divorce, relocation is often the most difficult—and the most unforgiving. Even well-intentioned parents with compelling reasons to move can find themselves blocked by a legal standard designed to protect stability over opportunity.

Michigan’s relocation laws are not meant to trap parents in place. They are meant to preserve a child’s relationship with both parents. But when relocation is mishandled, courts can order children returned, modify custody, or conclude that a parent cannot be trusted to place the child’s needs first.

Before planning a move, parents need to understand one hard truth: in Michigan, relocation is not about what makes sense for you—it is about what the court believes protects your child’s existing relationships.

At Boroja, Bernier & Associates, we help Michigan parents navigate relocation issues with practical guidance tailored to their circumstances. Whether you’re considering a move or facing a co-parent’s relocation request, understanding these rules is essential.

Why Relocation Questions Spike After Divorce

Relocation requests often arise from genuine life changes rather than attempts to interfere with the other parent’s relationship.

• Job changes and career opportunities frequently drive relocation requests. A promotion requiring relocation, a job loss followed by better opportunities elsewhere, or career advancement in your field may all necessitate moving.

• New relationships develop after divorce. Remarriage or serious partnerships sometimes involve moving to be with a new spouse or partner, particularly when they have established careers or children in another location.

• Family support becomes more important when you’re parenting alone. Moving closer to parents, siblings, or other family who can provide childcare, emotional support, and stability may significantly benefit both you and your child.

• Cost of living differences can make relocation financially necessary. A parent struggling to afford housing in an expensive area may need to relocate somewhere more affordable.

• Educational opportunities for your child—a specialized school, program, or environment—might exist in another location.

Whatever your reason, Michigan law requires you to follow specific procedures before moving your child’s residence a significant distance.

Michigan’s 100-Mile Rule Explained

Michigan’s relocation statute, MCL 722.31, restricts parents from moving a child’s legal residence (domicile) more than 100 miles from where the child currently lives—unless certain conditions are met.

Michigan treats a child’s legal residence—referred to as domicile—as a protected status, not a matter of convenience. Once a custody order is entered, domicile cannot be changed unilaterally simply because a parent has primary physical custody or good reasons to move. Courts view domicile changes as inherently disruptive and subject them to close scrutiny.

• The basic rule: If you have a custody order, you cannot move your child’s domicile more than 100 miles from their current domicile without either the other parent’s written consent or court approval.

• How the 100 miles is measured: The statute measures from the child’s current legal residence to the proposed new residence. It’s a straight-line distance, not driving distance, though courts sometimes consider practical travel implications.

Important nuances:

• The rule applies even if you’re moving within Michigan. Moving from Detroit to Traverse City—both in Michigan—still requires compliance if the distance exceeds 100 miles.
• The rule applies regardless of which parent has primary physical custody. Even if you have sole physical custody, you cannot unilaterally relocate beyond 100 miles.
• The 100-mile restriction is the outer limit. Some custody orders include more restrictive provisions—for example, requiring consent or court approval for any move that would change the child’s school district.

What about moves under 100 miles? Moves within 100 miles generally don’t require court approval under the statute, but they might still affect your custody arrangement practically. If moving 80 miles away makes the current parenting time schedule impossible, the other parent may seek modification.

When Court Permission Is Required—And When It Isn’t

Understanding when you need court approval prevents costly mistakes.

You Need Court Permission When:

• Moving the child’s domicile more than 100 miles from their current residence without the other parent’s written consent
• Moving out of state regardless of distance, in most circumstances. Interstate moves implicate different jurisdictional issues and almost always require court involvement.
• Your custody order contains specific restrictions that your proposed move would violate—even if the distance is under 100 miles

You May Not Need Permission When:

• The other parent provides written consent. If both parents agree to the relocation, you can typically proceed without court involvement—though documenting the agreement in writing and potentially filing it with the court protects everyone.
• The move is within 100 miles and doesn’t violate any specific provisions in your custody order.
• You don’t have a custody order yet. The 100-mile rule applies to parents with existing custody orders. If no order exists, different considerations apply—though establishing custody before relocating is usually advisable.

The Penalties for Moving Without Permission

Relocating without required consent or court approval can have severe consequences:

• The court may order you to return the child immediately
• Your unauthorized move may be held against you in custody proceedings—demonstrating disregard for the other parent’s rights and court orders
• You may face contempt of court charges
• The court may modify custody in favor of the other parent
• You may be required to pay the other parent’s attorney fees incurred in addressing your unauthorized move

Courts often view unauthorized relocation not just as a technical violation, but as a referendum on parental judgment. Moving first and asking permission later frequently overshadows the merits of the relocation itself. Even parents with otherwise strong cases can lose credibility—and custody—by disregarding the process.

Bottom line: Don’t move first and seek permission later. The consequences of unauthorized relocation typically outweigh any benefits of quick action.

The Court Approval Process: What to Expect

If you need court permission to relocate, you’ll file a motion and attend a hearing where the court evaluates your request.

Filing Your Motion

Your motion to change domicile should include:

• The proposed new location with specific address if known, or at least the city/area
• Your reasons for relocating—be specific about job opportunities, family support, cost of living, or other factors
• A proposed revised parenting time schedule showing how the other parent can maintain a meaningful relationship with the child despite the distance
• How the move serves your child’s best interests—the ultimate question the court must answer

Notice Requirements

You must provide proper notice to the other parent before relocating. Under MCL 722.31, this notice must be sent by registered mail to the other parent’s last known address at least the amount of time specified in your custody order (often 60-90 days), or if no time is specified, a reasonable time before the proposed move.

The Hearing

At the relocation hearing, both parents present evidence and arguments. You’ll need to demonstrate why the move benefits your child and propose reasonable arrangements for maintaining the other parent’s relationship. The other parent will have opportunity to object and present their concerns.

The court may hear testimony from both parents, consider documentary evidence, and potentially involve a custody evaluator or guardian ad litem in complex cases.

Factors Courts Consider in Relocation Decisions

In relocation cases, Michigan courts draw a critical distinction between why a parent wants to move and what the move does to the child’s relationship with the other parent. Even strong motivations—career advancement, remarriage, or financial necessity—do not control the outcome if the practical effect is a meaningful reduction in parenting time or disruption of an established custodial environment.

Michigan courts evaluate relocation requests using specific factors outlined in MCL 722.31(4). Understanding these factors helps you build a stronger case.

Whether the Move Has the Capacity to Improve Quality of Life

Courts want to know if the move genuinely benefits you and your child. Relevant evidence includes:

• Job-related benefits: Higher salary, better position, career advancement, job security. Provide offer letters, salary comparisons, and career trajectory information.
• Family support: Proximity to grandparents, aunts, uncles, and cousins who will be actively involved. Explain specifically what support they’ll provide.
• Housing and environment: Better schools, safer neighborhoods, more affordable housing, access to activities or resources beneficial to your child.

Be specific. “Better opportunities” isn’t persuasive. “A $25,000 salary increase with better benefits and proximity to my parents who will provide after-school care” tells the court exactly how life will improve.

Whether the Move Is Motivated by Desire to Frustrate Parenting Time

Courts are alert to relocation requests that seem designed to interfere with the other parent’s relationship. Evidence suggesting bad motive includes timing that coincides with custody disputes, sudden hostility after the other parent began dating someone new, and history of interfering with parenting time.

Counter this concern by proposing generous alternative parenting time, demonstrating your track record of supporting the other parent’s relationship, and showing that your reasons for moving are genuinely independent of the co-parenting relationship.

Whether the Other Parent Is Seeking Relocation to Increase Support

Similarly, courts consider whether a receiving parent is moving specifically to increase child support (distance affects calculations) or a paying parent is moving to reduce it.

The Degree to Which Custodial and Parenting Time Orders Can Be Modified

Courts examine whether meaningful parenting time can be preserved despite the distance. Factors include:

• Practical travel: How will the child travel between homes? What are the costs? Who pays?
• Schedule feasibility: Can parenting time be restructured around school breaks, summers, and long weekends?
• Communication: What technology will facilitate regular contact between visits?
• The child’s age: Younger children may need more frequent contact; older children can sometimes handle longer separations better.

The Extent of Alternative Communication Options

Courts positively view parents who embrace technology to maintain relationships across distance. Video calls, messaging, shared photo albums, and other tools can supplement in-person visits.

The Established Custodial Environment

If an established custodial environment exists with both parents, relocation that disrupts this weighs against approval. Courts protect stable environments children depend on.

When an established custodial environment exists with both parents, relocation effectively asks the court to trade frequent, ongoing contact for episodic, long-distance parenting time. Michigan courts are reluctant to approve moves that convert a child’s relationship with one parent into holidays and summers unless the benefits of relocation are substantial and clearly documented.

Other Relevant Factors

Courts can consider any factor relevant to your child’s best interests, including:

• the child’s ties to their current community, schools, and friends;
• each parent’s likelihood of complying with revised orders; and
• the child’s preference if they’re old enough to express one meaningfully.

Strategies for Presenting a Relocation Case

Whether you’re seeking to relocate or opposing a move, strategic preparation improves your outcome.

If You’re Seeking to Relocate:

• Document your reasons thoroughly. If it’s a job opportunity, get the offer in writing with salary, benefits, and start date. If it’s family support, get statements from family members describing what help they’ll provide.

• Propose a detailed parenting time plan. Show the court exactly how the other parent will maintain their relationship: summer weeks, alternating holidays, spring break, long weekends, video call schedules. Demonstrate you’ve thought this through.

• Address transportation logistics. Who drives? Who flies? Who pays? Having clear proposals shows reasonableness and reduces conflict.

• Show your track record. If you’ve consistently supported the other parent’s relationship, document it. Judges want confidence that you’ll continue supporting the relationship from a distance.

• Consider the child’s perspective. How does your child feel about the move? What are their ties to the current location? If your child is older and wants to move, their preference carries weight.

If You’re Opposing Relocation:

• Challenge the stated reasons. Is the job opportunity real and necessary? Could the relocating parent find similar opportunities locally? Is family support actually needed, or is it a pretext?

• Demonstrate your involvement. Active, engaged parents have stronger arguments against losing parenting time. Document your involvement in your child’s life, school, activities, and daily routine.

• Highlight community ties. Your child’s friends, school, activities, church, and extended family connections all matter. Children’s stability interests weigh against unnecessary disruption.

• Show how distance will harm the relationship. Concrete evidence about how reduced parenting time affects your bond, your child’s wellbeing, and practical challenges carries more weight than general objections.

• Propose alternatives. If the relocating parent has legitimate reasons, can those needs be met without moving? Telecommuting options, local family resources, or other solutions might address their concerns without relocation.

Long-Distance Parenting Time Schedules

When relocation is approved—or when parents already live far apart—creative parenting time schedules maintain relationships despite distance.

Common Long-Distance Arrangements

• Extended summer parenting time: The non-relocating parent might have most or all of summer vacation, providing substantial uninterrupted time to maintain the relationship.

• Alternating school breaks: Winter break, spring break, and three-day weekends rotate between parents, maximizing the non-relocating parent’s time.

• Holiday allocation: Holidays alternate annually or are divided, ensuring both parents share special occasions over time.

• Birthday and special events: Provisions for the non-relocating parent to attend important events, school programs, and activities when possible.

Making Distance Work

• Consistent video communication: Regular scheduled video calls—daily for younger children, several times weekly for older ones—maintain connection between visits.

• Virtual participation: The distant parent can attend school events, concerts, and games via livestream when physical presence isn’t possible.

• Flexible adjustments: Life happens. Schedules that build in flexibility for illness, special opportunities, and changed circumstances work better than rigid requirements.

• Transportation cost sharing: Courts typically address who pays for transportation, often splitting costs or assigning them based on ability to pay or who requested the move.

Frequently Asked Questions About Michigan Relocation Laws

Can I move out of state with my child without the other parent’s permission?

Generally no, if you have a custody order. Out-of-state moves almost always require either written consent from the other parent or court approval. Moving without permission can result in court orders to return the child, contempt findings, modification of custody against you, and payment of the other parent’s legal fees. Always secure proper authorization before relocating.

What happens if the other parent moved away and now I want to relocate?

If the other parent relocated (with or without court approval) and is now living far from your child, this changed circumstance may affect your own relocation request. Courts consider the current practical situation. If the other parent already lives 500 miles away, concerns about disrupting their relationship differ from situations where both parents live nearby.

Can my custody order prevent me from moving even under 100 miles?

Yes. Your specific custody order may contain provisions more restrictive than the statutory 100-mile rule. Some orders prohibit moves outside specific counties, require consent for any move affecting school districts, or impose other geographic limitations. Review your order carefully and consult with an attorney if you’re unsure.

How long does the relocation court process take?

Timelines vary significantly by county and complexity. Simple cases with limited conflict might resolve in 60-90 days. Contested relocations requiring evaluation, extensive testimony, and complex consideration can take 6 months or longer. If you have a job start date or other deadline, communicate this to the court—some judges will expedite hearings for legitimate time-sensitive situations.

What if I need to move for safety reasons?

If you’re fleeing domestic violence or other safety threats, courts can address emergency situations through expedited hearings and emergency orders. Safety concerns may override typical relocation analysis. If you’re in danger, prioritize your safety and consult with an attorney immediately about your options—which may include emergency motions, personal protection orders, and expedited relocation approval.

What’s the difference between domicile and residence?

Domicile is your legal, permanent home—where the law considers you to officially “live” for purposes of custody orders. Residence can be temporary or secondary. The 100-mile rule applies to changes in domicile. This distinction matters because a parent might temporarily stay somewhere for work without changing the child’s legal domicile.

Take the Next Step: Evaluate Your Relocation Options

Whether you’re considering relocating or facing a co-parent’s relocation request, understanding Michigan’s requirements helps you make informed decisions and protect your relationship with your child.

At Boroja, Bernier & Associates, we help Michigan parents navigate relocation issues with practical guidance tailored to their circumstances. Our family law attorneys can evaluate your situation, advise on feasibility, and advocate effectively whether you’re seeking to move or opposing relocation.

With our main office in Shelby Township and satellite offices in Troy, Ann Arbor, and Lansing, we serve families throughout Macomb County, Oakland County, Wayne County, and Southeast Michigan.

To schedule a consultation with the Michigan family law attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. We’ll help you understand your options and develop a strategy that protects your parental rights.