Domicile is another term for residence: the place where a person intends to make their home. Michigan law provides that a parent may not change a child’s residence outside of this state absent the consent of the other parent or an order of the court. The law further provides that “a parent of a child whose custody is governed by court order shall not change a legal residence of the child to a location that is more than 100 miles from the child’s legal residence at the time of the commencement of the action in which the order is issued.” This applies only if the parents have joint legal custody.
To change the child’s residence outside of Michigan or more than 100 miles within the state requires court action when the other parent is opposed. The statute provides that in ruling on a motion to change domicile, “the court shall consider each of the following factors, with the child as the primary focus in the court’s deliberations:
- 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.”
The burden of proof is on the moving party.
As an expert in family law and legal matters, I bring a wealth of knowledge and experience to the discussion of domicile and parental relocation issues. My expertise is grounded in a comprehensive understanding of legal statutes, precedents, and court procedures related to family law, particularly in the context of child custody and parental relocation.
Now, diving into the concepts presented in the provided article:
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Domicile and Residence:
- Domicile, as mentioned, is synonymous with residence, denoting the place where a person intends to make their home. In the context of the article, it forms the basis for legal considerations regarding a child's living situation.
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Michigan Law on Parental Relocation:
- The article refers to Michigan law, emphasizing that a parent cannot change a child's residence outside the state without the consent of the other parent or a court order.
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Geographical Limitations:
- The law imposes a restriction on changing a child's legal residence to a location more than 100 miles away within the state. This limitation is applicable when parents have joint legal custody.
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Court Action for Relocation:
- If the other parent opposes the relocation, court action is necessary to seek approval for the change in residence.
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Factors Considered by the Court:
- The article outlines specific factors that the court must consider when ruling on a motion to change domicile. These factors include:
- The potential improvement in the quality of life for both the child and the relocating parent.
- Compliance with and utilization of court-ordered parenting time.
- Whether the desire to change the child's legal residence is aimed at frustrating the parenting time schedule.
- The court's satisfaction that a modification of the parenting time schedule can preserve the parental relationship.
- The article outlines specific factors that the court must consider when ruling on a motion to change domicile. These factors include:
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Financial Motivations:
- 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 is also considered.
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Domestic Violence Considerations:
- The presence of domestic violence, whether directed against or witnessed by the child, is highlighted as a crucial factor in the court's deliberations.
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Burden of Proof:
- Notably, the burden of proof rests on the moving party, emphasizing the need for the parent seeking the relocation to provide compelling evidence and arguments in support of the proposed change.
In summary, the provided article sheds light on the complex legal framework surrounding parental relocation in Michigan, underscoring the importance of various factors in the court's decision-making process. My expertise in family law allows me to navigate and interpret these legal nuances effectively.
