Royal Oak Child Custody Lawyer
ROYAL OAK CHILD CUSTODY ATTORNEY – CHANGE OF DOMICILE
Without permission from the court, a divorced parent with joint custody may not move out of the state or beyond 100 miles within the state of Michigan if children are in tow. At Friedman Law Firm, we are experienced in fighting – and fighting for – both sides of this complicated, highly charged situation. Our legal team can greatly enhance your chances of reaching the outcome you seek.
As the state of Michigan continues to endure a declining economy, many parents have chosen to move out of state for employment. In some instances, relocating is the only way to provide for a child. In other instances, however, a parent may have other options nearby. Our attorneys have years of experience helping clients substantiate that a change of domicile would help or hinder their child.
Factors Considered In Michigan Change Of Domicile Cases
Sadly, this particular dilemma is growing fast, as is this area of law. And because a new residence has the potential to drastically alter parenting time, these decisions are not taken lightly by the court. In change of domicile cases, Michigan judges must consider these factors:
- Whether the legal residence change has the 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 or her time under, a court order governing parenting time with the child, and whether the parent’s plan to change the child’s 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.
It is the responsibility of the parent seeking a change of domicile to prove his or her case.
Our Royal Oak Family Law Attorneys Can Help
Ultimately, whether a parent moves out of state with or without the child, custody, child support, and parenting time orders are often revisited as part of the intricate process. School and activity schedules, travel, transportation, and inconvenience are often factored into the modified orders. We hope you will let our skilled attorneys lead the way. For help with your change of domicile situation in Michigan, contact the Friedman Law Firm today.