Legal Question in Family Law in Michigan

Noncustodial parent change of domocile

My wife has full custody of our 9 year old son. Do I need courts permission to move out of the state of Michigan?

I have visitation 2 days a week and every other weekend.


Asked on 1/09/09, 12:34 pm

1 Answer from Attorneys

Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Noncustodial parent change of domocile

Since you would not be removing the kids from the state by moving, you do not need court permission, however, if your parenting order doesn't specify what to do if you want to take the kids temporarily out of state, you will want to have that order modified to provide for having visitation with the kids out of state. Additionally, unless you are moving to just over the border and currently don't live that far from where you're moving to, the current visitation schedule isn't going to work and you'll need to modify the visitation schedule to something that is actually feasible for you, the kids and your wife (ex?). If the mother is agreeable, this shouldn't be very hard to accomplish, however if she doesn't like that you are leaving the state and is likely to be unhappy with you taking the kids out of state for your visitation, you are going to need the court to address these issues. So that you don't have problems with exercising your visitation rights.

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Answered on 1/11/09, 5:38 pm


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