Change of Domicile
According to Michigan Court Rule (M.C.R. 30211 (C)(1)), "The order or judgment awarding custody of a child must provide that the domicile or residence of the child may not be moved from Michigan without the approval of the judge who awarded custody or the judge's successor".
Court approval can be obtained in two ways; by stipulation and agreement between the parties or absent an agreement between the parties by filing a motion and requesting a hearing. The Court, then, may only grant a change of domicile request to remove the minor child from the State of Michigan after considering, evaluating and determining the following factors:
- Whether the prospective move has the capacity to improve the quality of life for both the custodial parent and the child.
- Whether the move is inspired by the custodial parent's desire to defeat or frustrate the parenting time by the non-custodial parent and whether the custodial parent is likely to comply with the substitute parenting time orders when no longer subject to the jurisdiction of the court.
- The extent to which the non-custodial parent who resists the move is motivated by the desire to secure a financial advantage in respect of a continuing support obligation
- The degree to which there is a realistic opportunity for parenting time which can provide an adequate basis for preserving and fostering the parental relationship with the non-custodial parent is removal is allowed.