Legal Question in Family Law in Michigan

Re: Moving away with my children

To Whom It May Concern:

This is in response to your email of September 17, 2001.

If you are going to move out of the State of Michigan or even within the State of Michigan but more than 100 miles away from the non-custodial parent you must file a petition with the Court and receive an order allowing you to move with the children. If your ex-husband does not agree to the move you will have the burden of proving to the court that it is in the best interest of the family unit to allow the move. The court would look at such things as: 1) the reason for the move; 2) whether your standard of living will improve; 3) whether the environment for the children will improve; 4) where the children�s extended family resides; 5) how the move will affect your ex-husband�s parenting time; 6) whether your ex-husband exercises parenting time, etc.

The process can be quite lengthy, and in fact at times it takes up to a year or more depending on the court�s schedule and whether either party appeals the Friend of the Court�s Recommendation. As you can imagine the process is expensive.

Finally, I do not believe that the court will ultimately allow you to move to Canada to live with your fianc� until you are married, as the court looks down upon parents residing with non-family members of the opposite sex.

Sincerely,

Michael D. Eberth

[email protected]

(313) 561-5700