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Michigan Law - What If A Spouse Wants To Move Away? The court has authority to decide whether the custodial parent may move the child out of state, or otherwise out of visiting range of the other parent. The court will make this decision based on what appears best for the child under all the circumstances of the case. If the custodial parent moves out of state without court authorization, the court may suspend court-ordered income withholding from the payer. Section 25.164(19)(5). Cases: Kane, 241 Mich 96 (custody may be awarded to nonresident parent). Watters, 112 Mich App 1 (In this case, the court determined that the benefits of the husband's move to Florida with the parties' child should have been considered. Although it was not clear and convincing that the move was in the best interests of the child, the evidence seemed to point that way. At the time of the proceedings to relocate to Florida, the husband was unemployed and without any unemployment compensation. If he moved to Florida he would earn at least $5 an hour. The court recognized such a move may hurt the child's relationship with the wife. The court also noted that if the husband could not find employment in the area where he was currently residing, future disruptions in the child's home life would be likely anyway. The husband also agreed to give the wife more visitation time and pay for any transportation costs involved, if the move were allowed. The divorce agreement had originally awarded custody of the parties' one child to the wife, however custody was changed to the husband, five years later.)
Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More... Click here to go to top Michigan divorce law page. Click here for the Michigan divorce legal table of contents. | |||||||||||||||||||||||||||
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