Legal Question in Family Law in Michigan

moving out of state with children

My husband is currently in prison. My divorce will be final in July. I am planning to move to South Dakota from Michigan this fall before he is released from prison (which should be January 2009). Will I legally be able to move out of state with our 22 month old daughter while he is in prison?


Asked on 4/17/08, 3:38 pm

3 Answers from Attorneys
Heather Bendure Bendure & King, PLLC

Re: moving out of state with children

You may be able to, but typically, you must get Court approval before moving a minor out of the state of Michigan.

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Answered on 4/17/08, 4:13 pm

Re: moving out of state with children

Your attorney should obtain court permission before you attempt to move UNLESS you have full physical and full legal custody of the child.

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Answered on 4/17/08, 5:10 pm
William Stern William Stern, P.C.

Re: moving out of state with children

If your custody order follows the required rules, it already has a clause preventing permanent removal of the children from the jurisdiction and from within a 100 mile radius of their present home. This language is required in the final judgment. Therefore, you will have to request permission of the court for such a move. You should have moved first, then filed for divorce. William S. Stern

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Answered on 4/17/08, 8:15 pm


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