Legal Question in Family Law in Michigan

Re: Relocating With Minor Children

Yes, but she will have to be present in California for a long enough period to get jurisdiction to file for divorce there. In addition, the Court may not look favorably on the transfer of the children out of state. For more info., please contact my office at (248)851-3171.

Re: Relocating With Minor Children

Only if you sit on your rights and don't find an attorney can she take the child out of the State. You should get an injunction preventing her from doing that and also file for divorce. You can call for Richard Goodman at my office. He's been doing these types of cases for over 25 years.

Re: Relocating With Minor Children

The mother can leave with the child, but she can also be forced to bring the child back. If a divorce is filed in Michigan within 6 months of her relocation, a Michigan Circuit court will still have jurisdiction to hear the divorce and the presumption is that domicile does not change within 6 months.

Further, all states have a residency requirement preventing people from "forum shopping" by moving first and then filing for divorce. The required connection to the forum (divorce court) simply isn't there until she's been in teh state/county for the right time.

This effectively prevents parents from hijacking their kids. However, it does NOT stop a parent from doing this, and is often recommended in abuse cases, because this gives the mother a chance to estabish a safe place first and defend it later.

It's not a given that the child will be forced to come back, but parents who do this should be prepared to offer to pay the cost of transporting the child back to visit with the non-custodial parent. This takes the sting out of one of the more powerful reasons that judges require children to be brought back.

Also, there is consideration to the relationship of the child to the parent left behind. In other words, if the child is a teen and states clearly that s/he doesn't want to stay in Michigan, the court is unlikely to be as upset as if the child is 5 and has a strong relationship with the other parent.

That being said, however, she is perfectly capable of moving to the furthest reaches of Michigan and within a certain number of days filing for divorce as a resident of the county. Then, presumably the nefarious 100-mile rule wouldn't apply and she could more easily petition to leave the state later.

At the end of the day, parents who need to go should consult counsel FIRST, and it will depend on the record of the judges in your county. Some simply refuse to follow the law because they have discretion, so you should definitely check with local counsel.