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Change in child custody agreement due to need for relocation

Although sometimes sudden and unexpected, change is a part of everyday life. It could be that an individual obtains a new job that requires relocation. While some may find it less difficult to uproot their lives, others could find the process more challenging. Proper protocol must be followed for a custodial parent in Michigan who is seeking to move out of state or more than 100 miles away from the original location agreed upon in the child custody agreement. 

While there is a myriad of circumstances in which such a move can become necessary, there are several steps that may be required regardless of the reason. Ideally, the custodial parent and noncustodial parent can agree upon the move. If both parents agree a stipulation or formal agreement can be filed with the court and the court will generally approve the move. Unfortunately, this is not always the case.

If both parents cannot reach an agreement regarding this type of change, the court may still approve it under certain circumstances. In these situations, state law generally requires the parent requesting the move file a motion with the court. There are several factors taken into consideration during this process. The proposed relocation must be necessary and in the best interest of the child, and cannot be undertaken with ulterior motives in mind, such as out of spite or in an attempt to lessen the other parent's role in the life of the kids.

In Michigan and elsewhere, navigating this process alone can be stressful and intimidating. However, sometimes relocation is absolutely necessary, prompting a custodial parent to seek guidance and assistance in changing the current child custody agreement from an attorney. A family law lawyer can assist a parent in pursuing the best outcome possible with regard to the proposed change in life.

Source: divorcemag.com, "What Parents Need to Know Before Relocating", Lewis Williams, Accessed on May 3, 2017

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The Law Firm of Hauer & Snover

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