Legal Question in Family Law in Michigan

Change in Domicile

I have been divorced for over a year with joint legal and physical custody of the kids within 2 months of our divorce my ex husband left Michigan and moved 6 hours away to Indiana without the courts consent.It states in our divorce decree that the children cant be moved within 100 mile radius. We had to modify the visitation as he could not abide by the visitation in the divorce. I agreed to his relocation the visitation changed. I work at a dead end job with no room for advancement at a call center for BCBS making minimum wage. Recently Regence BCBS Idaho/Utah contacted me for a position with their company resulting in a change in domicile. I have pulled up all the demographics for both where I currently live and where to relocate. The pay is more and the health benefits are better allowing me to cover my whole family vs just myself as it is now,the cost of living is cheaper as well as better school systems. This is not an attempt to keep my ex from his time with the kids, I have consistently worked with my ex giving him time with the kids. with my ex husband already living out of state can the judge really deny me to take my children out of thestate? If so, can the court let my kids go out of state to live withwith their dad


Asked on 8/02/05, 12:00 am

1 Answer from Attorneys

William Stern William Stern, P.C.

Re: Change in Domicile

You still need the court's permission, if you have custody. Your husband could move if he did not have custody. Since your husband is already out of state, you are in a good position. William S. Stern 248-353-9400

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Answered on 8/02/05, 7:30 am


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