You made the decision your marriage is over and you want out. Michigan law does not require you to stay in the house during a divorce. You may want to avoid conflict or simply begin the process of moving on. However, you should consider the following before deciding to move out.
First, there are financial considerations. First, it is more expensive to live in separate homes. Second, in you may lose access to your belongings or documents kept in the house. Third in a divorce with minor children, moving can impact a child custody determination. So if you want to move out of the house, consider the following:
The decision to move out of the house with minor children is more complicated then moving without children because it can impact a child custody determination. Specifically, moving could modify the the Established Custodial Environment. The established custodial environment is the parent(s) a child naturally looks to for guidance, discipline, the necessities of life, and parental comfort over an appreciable period of time.
For example, lets say you move and leave the children with your spouse for a few months while you sort things out. A court could reasonably assume that the established custodial environment is with the other parent because they look to the other parent for guidance, discipline, the necessities of life etc. which can make changing custody very difficult.
“The court shall not modify or amend its previous judgments or orders or issue a new order, as to change the established custodial environment of a child unless there is clear and convincing evidence that it is in the best interest of a child. . .”
Moving out of State. You may want to move before filing for divorce. For example, lets say you picked up your kids and moved back to Ohio to live with your parents. An action can be brought in Michigan to return the children under the Uniform Child Custody Jurisdiction Enforcement Act which defines the home state of a child.
a court of this state has jurisdiction to make an initial child-custody determination only in the following situations:
(1) . . . a court of this state has jurisidiction to make an initial child-custody determining . . .
(a) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within 6 months before the commencement of the proceeding . . .
The Michigan Court Rules requires court approval to move out of State with children.
“The domicile or residence of the minor child may not be moved from Michigan without the approval of the judge who awarded custody . . .”
Moving far away (while remaining in Michigan) moving with the kids more than 100 miles (as the crow flies), alsorequires the consent of the other parent or approval by the court.
The 100 Mile Rule:
“. . . a parent of a child whose custody is governed by court order shall not change a legal residence of the child to a location that is more than 100 miles from the child’s legal residence at the time of the commencement of the action. . .”
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By: Daniel Findling (c) 2024.
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I have been exclusively practicing divorce and family law in Michigan for almost 30 years. The attorneys at Findling Law all share the core value of practicing law to help people navigate change in their lives, without compromising principles. We specialize in high socio-economic, high-profile and high-conflict cases, while also working with clients of all backgrounds. We recognize that the most important aspect of the practice of law is the application of the law to your specific circumstances. That is why we provide more free information on divorce and family law than any other Michigan law firm. We want to help you manage your situation. Allow our exceptional legal team to help you navigate the change in your life, without compromising principles.
