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| Child Custody & Support Child custody, support and visitation. |
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#1 |
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Is there a law for divorced couples from michigan that restricts a mother from moving more than 100 miles away from the father? My mom was told by her ex husband that there was. In my mothers divorce papers all it says is that she can't move out of state. I just need some clarity about this. any help would be appreciated.
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#2 |
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I am not aware of it and used to live there.
Check with the clerk of the court but if the order says out of state then that is what it usually means--you can move as long as it is in-state and if you want to leave MI you would have to ask the court. |
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#3 |
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In 2000, Michigan enacted something called "The 100-Mile Rule." This rule says children have a legal residence with each parent. The 100-Mile Rule prevents a parent from moving a child's "legal residence" more than 100 miles from the other parent.
Michigan law has long required all judgments to contain a provision mandating court approval before children may be removed (relocated) from the State of Michigan. The 100-Mile Rule was later enacted to prohibit intrastate moves of more than 100 miles. The legislative purpose was to prevent parents from causing the same disruption of the parent-child relationship caused by an interstate move by moving a long distance in this huge state. [A parent moving from Detroit, Michigan to Copper Harbor, Michigan for example, puts 600 miles between the parents' residences. This is an 11 hour trip each way in good weather. ] Without the 100-Mile Rule, such a move was previously legal. The 100-Mile Rule does not apply where a parent has sole legal custody and primary physical custody. The Court still needs to approve removal of the child; It just doesn't have to give the same kind of consideration to the move. There is no best interest hearing. |
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#4 |
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Moderator
Last Online:
10-09-2008 11:28 PM Join Date: Apr 2008
Posts: 966
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Good for Michigan. I've seen a lot of horror stories come out of Michigan, but at least they did something right.
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