Legal Question in Family Law in Michigan

I am the non-custodial parent (joint legal custody)who practices parenting time every other weekend, alternating holidays and several weeks in the summer. I'm looking to relocate out of the state of Michigan (relocating to Toledo Ohio) but will still be within 75 miles of my kids. Do I need permission of the former spouse or the court?


Asked on 7/25/14, 5:56 pm

2 Answers from Attorneys

Christopher Brown Brown & Associates, Legal Services, PLLC

Yes, you will need the permission of the court. See MCR 3.211(C)(1), Google Michigan Court of Appeals opinion "Brecht -v- Hendry". If you need more information feel free to contact me I routinely handle change of domicile matters. These issues are complicated feel free to contact me for more information.

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Answered on 7/25/14, 6:36 pm
Jared Austin Austin Legal Services, PLC

Yes, you will need to file a Change of Domicile motion with the court for their approval. It's always helpful if the other parent agrees. Feel free to contact us for more information.

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Answered on 7/26/14, 10:52 am


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