In Michigan, moving with your child after divorce is not just a personal decision—it is a legal event with serious consequences. A job offer, a new partner, or family support in another city may make relocation feel urgent, but the law moves more slowly and far more deliberately.

Michigan’s 100-mile rule exists to protect a child’s relationship with both parents, not to punish parents who need to move. But when relocation is handled incorrectly, courts can order a child returned, modify custody in favor of the other parent, or conclude that a parent cannot be trusted to follow court orders.

Understanding when court approval is required, how judges analyze relocation requests, and what mistakes derail otherwise reasonable moves is essential before you pack a single box.

At Boroja, Bernier & Associates, we help parents throughout Southeast Michigan understand their options when considering relocation—whether you’re the parent who wants to move or the parent trying to prevent one. Here’s what you need to know about Michigan’s relocation rules.

Michigan’s 100-Mile Rule Explained

Michigan’s relocation restrictions are found in MCL 722.31. The law prevents a parent from moving a child’s legal residence (called “domicile”) more than 100 miles from the child’s current home without either the other parent’s written consent or court approval.

Michigan treats a child’s legal residence—called “domicile”—as distinct from ordinary parenting time adjustments. Once a custody order exists, domicile changes are tightly regulated because they directly affect the child’s established custodial environment and the other parent’s ability to exercise parenting time. Courts do not evaluate relocation in a vacuum; they evaluate it through the lens of stability, continuity, and enforceability.

This rule applies even when the move stays entirely within Michigan. Moving from Detroit to Grand Rapids—both Michigan cities—would exceed 100 miles and require permission. The restriction isn’t about crossing state lines; it’s about distance.

Key points about the 100-mile rule:

• The distance is measured from the child’s legal residence at the time of the last custody order—not from the other parent’s current home
• The rule applies regardless of which parent has primary physical custody
• Both parents are bound by the restriction unless the court orders otherwise
• The rule takes effect once a custody order is established

Out-of-state moves require court approval regardless of distance. Even if Toledo, Ohio is only 60 miles from your Michigan home, crossing state lines triggers the need for court permission.

Violating the 100-mile rule without proper authorization can have severe consequences. Unauthorized relocation is often interpreted as a statement about judgment. Courts routinely view moving first and asking later as evidence that a parent prioritizes personal goals over court orders and co-parenting obligations. Even when the underlying reason for the move is reasonable, the process violation can outweigh the merits. Courts may order you to return the child, modify custody in favor of the other parent, hold you in contempt, or take other actions that significantly harm your case.

When Court Approval Is Required

Understanding when you need permission—and when you don’t—helps you plan appropriately.

Court approval IS required when:

• You want to move the child’s legal residence more than 100 miles from where they currently live
• You want to move the child out of Michigan, regardless of distance
• The custody order specifically restricts relocation (some orders have stricter limits than the default 100 miles)

Court approval is NOT required when:

• You’re moving less than 100 miles and staying within Michigan
• You’re moving yourself but the child’s primary residence remains with the other parent
• Both parents agree in writing to the move (though getting the agreement documented in a court order is still advisable)
• No custody order exists yet (though if custody proceedings are pending, moving could affect the outcome)

Even when court approval isn’t technically required, significant moves within the 100-mile limit may still affect parenting time arrangements. A move that makes the current schedule impractical might prompt the other parent to seek modification.

The Relocation Approval Process

If you need court approval to relocate, you’ll follow a specific process under Michigan law.

Step 1: Provide written notice.

Before filing anything with the court, you must provide written notice of your intent to relocate to the other parent. This notice should include:

• Your intended new address
• The date you plan to move
• A statement explaining why you want to relocate

Proper notice gives the other parent the opportunity to consent or object before court involvement.

Step 2: File a motion if consent isn’t given.

If the other parent won’t consent, you’ll need to file a motion with the court that issued your custody order. Your motion should explain why relocation serves your child’s best interests and propose how parenting time can be maintained despite the distance.

Step 3: The court hearing.

Both parents will have the opportunity to present evidence and arguments at a hearing. The relocating parent bears the burden of proving the move is justified.

Step 4: The court’s decision.

The judge will either grant permission to relocate (possibly with modified parenting time arrangements), deny the relocation request, or in some cases, allow the move but transfer primary custody to the non-relocating parent.

Factors Courts Consider in Relocation Decisions

Michigan courts distinguish between a parent’s reason for relocating and the impact of relocation on the child. Even a legitimate motivation—career advancement, remarriage, or financial necessity—does not automatically justify a move if the practical effect substantially weakens the child’s relationship with the other parent. Courts focus less on intent and more on outcomes.

Michigan courts evaluate several specific factors when deciding whether to permit relocation. Under MCL 722.31, judges must consider:

Whether the move has the capacity to improve quality of life.

This applies to both the relocating parent and the child. Courts look at concrete benefits: better job opportunities, higher income, proximity to extended family support, improved schools, or access to specialized medical care. Vague claims about “a fresh start” carry less weight than specific, documented advantages.

The degree to which each parent has complied with the custody order.

A parent with a history of interfering with the other parent’s time, violating court orders, or undermining the co-parenting relationship faces an uphill battle. Courts reward parents who have demonstrated respect for the other parent’s role.

Whether the relocating parent’s motive is to frustrate parenting time.

If the move appears designed to limit the other parent’s relationship with the child rather than serve a legitimate purpose, courts will likely deny it. Timing matters too—seeking relocation immediately after losing a custody battle raises red flags.

The extent to which the opposing parent’s motive is to frustrate the move.

Courts also examine whether opposition to relocation is genuinely about the child’s welfare or is instead an attempt to control the other parent. Legitimate concerns about maintaining a relationship differ from obstruction for its own sake.

Whether a realistic parenting time schedule can maintain the relationship.

This is often the critical factor. Can meaningful, quality time with the non-relocating parent continue despite the distance? The relocating parent should propose a detailed alternative schedule that preserves the child’s relationship with both parents.

When a child has an established custodial environment with both parents, relocation requests face heightened scrutiny. Courts are reluctant to approve moves that transform frequent, consistent parenting time into occasional or holiday-based contact. Once an established environment exists, relocation becomes not just a logistical change, but a potential custody change.

Beyond these statutory factors, courts ultimately focus on the child’s best interests—the same standard that governs all custody decisions in Michigan.

Building a Strong Relocation Case

If you’re seeking permission to relocate, preparation is essential. Courts don’t approve moves simply because you want one—you need to demonstrate concrete benefits and a workable plan for maintaining your child’s relationship with the other parent.

Document the benefits of the move.

Gather evidence supporting your reasons for relocating. If it’s a job opportunity, bring the offer letter with salary details. If it’s family support, explain specifically how nearby relatives will help with childcare and provide stability. If it’s educational opportunities, research and present information about schools in the new location.

Propose a detailed alternative parenting time schedule.

Show the court you’ve thought carefully about how your child will maintain their relationship with the other parent. This might include:

• Extended summer vacations (several weeks or more)
• Alternating school breaks and holidays
• Long weekends when feasible
• Clear plans for transportation and costs
• Technology for regular video calls between visits

The more specific and workable your proposal, the more likely the court is to trust your commitment to facilitating the relationship.

Demonstrate your history of supporting the other parent’s relationship.

If you’ve consistently encouraged your child’s relationship with the other parent, facilitated parenting time, and communicated cooperatively, make sure the court knows this. Your track record matters.

Address the child’s connections.

Consider your child’s current ties—school, friends, activities, extended family. Be prepared to explain how the move will affect these relationships and what you’ll do to help your child adjust.

Opposing a Relocation Request

If your co-parent wants to move with your child and you oppose it, you also need to prepare strategically.

Focus on the child’s best interests.

Courts aren’t interested in punishing the other parent or preventing them from living their life. Focus your arguments on your child’s welfare, not your personal feelings about the move.

Document your involvement.

Show the court that you’re an active, engaged parent whose relationship with your child would be significantly harmed by distance. Keep records of your parenting time, involvement in school and activities, and daily interactions.

Challenge the claimed benefits.

If the relocating parent’s reasons seem weak or pretextual, present evidence to counter them. Can they get a similar job locally? Is the claimed family support actually available? Are the schools really better?

Show the impracticality of proposed schedules.

If the alternative parenting time schedule proposed by the relocating parent won’t work in practice, explain why. Consider costs, travel time, your work schedule, and your child’s school and activities.

Consider your own flexibility.

Sometimes opposing relocation means being willing to take on more parenting responsibility yourself. If you’re able to become the primary custodial parent should the other parent move, that may be relevant.

Long-Distance Parenting Time Solutions

When relocation is approved—or when parents already live far apart—creating meaningful parenting time requires creativity.

Extended school breaks.

Rather than every-other-weekend schedules that don’t work across distances, long-distance parenting typically involves extended periods during summer vacation, winter break, spring break, and other school holidays.

Transportation arrangements.

Who pays for travel? Who handles transportation? Clear agreements prevent ongoing conflict. Some parents split costs equally; others allocate based on income or who initiated the move.

Virtual visitation.

Technology can supplement in-person time. Video calls, online gaming together, watching movies simultaneously, and other virtual connections help maintain relationships between physical visits. Some parenting plans include specific provisions for regular video communication.

Flexibility for special occasions.

Long-distance plans should address important events—graduations, performances, sports championships, extended family gatherings—that might not fall during scheduled parenting time.

Age-appropriate adjustments.

What works for a teenager may not work for a toddler. Younger children need more frequent contact; older children can handle longer separations but have more schedule conflicts. Plans should evolve as children grow.

Frequently Asked Questions About Relocation in Michigan

What happens if I move without court approval?

Moving a child without required permission can result in serious consequences: emergency orders to return the child, contempt of court findings, modification of custody to favor the other parent, and damage to your credibility in future proceedings. Courts often interpret unauthorized moves as evidence of poor judgment, regardless of your underlying reasons. Don’t risk it.

Can my ex prevent me from moving myself?

No. Your ex cannot prevent you from relocating personally. However, if you have primary custody and want to take the children, you need proper approval. You could potentially move without the children, but that would likely affect custody arrangements.

What if my ex agrees to the move but changes their mind later?

Get any agreement in writing and, ideally, formalized in a court order. Verbal agreements aren’t enforceable. If your ex consents in writing and the court approves modified arrangements, they generally can’t undo the move later just because they changed their mind.

How long does the relocation approval process take?

It varies depending on court schedules and case complexity. Emergency situations might be addressed within weeks; contested cases requiring full hearings might take several months. Plan ahead if you know relocation may be necessary.

Can I appeal if my relocation request is denied?

Yes, court decisions on relocation can be appealed. However, appeals are based on legal errors, not just disagreement with the outcome. Consult with an attorney about whether grounds for appeal exist in your case.

Does the 100-mile rule apply if we were never married?

Yes. Once a custody order is in place—whether from a divorce or a paternity case—the 100-mile rule applies equally to both parents. The restriction protects the child’s relationship with both parents regardless of marital status.

Take the Next Step: Get Guidance Before You Move

Whether you’re considering relocation or facing a co-parent who wants to move away with your child, the stakes are too high to navigate alone. Understanding Michigan’s 100-mile rule and related requirements is essential to protecting your relationship with your children.

At Boroja, Bernier & Associates, our family law attorneys help parents in Macomb County, Oakland County, Wayne County, and throughout Southeast Michigan with relocation matters. With our main office in Shelby Township and satellite offices in Troy, Ann Arbor, and Lansing, we’re here to help you understand your options and pursue the best outcome for your family.

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 navigate Michigan’s relocation rules and protect your parental rights.