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Determine child residence in a custody case

On Behalf of | Aug 10, 2021 | Child Custody

If a couple with children decides to divorce or separate, it is essential for both parents to make proper child custody arrangements. If you’re a Michigan resident and need to come up with a custody schedule that is in the best interest of your child or children, here are some important things to keep in mind.

Where the children will live

If child custody is court-ordered and the parents share joint custody, the child must have a resident with each parent. The parent who has primary custody can not change the child’s legal residence to a location that is 100 miles or more from the other parent unless the judge gives permission, one parent has sole custody, or non-custodial parent consents to this change.

Changing a child’s residence

Before a child’s legal residence is changed, the court will consider several child custody factors in the best interest of the child. If moving to a new residence will improve the child’s life and the life of the parent the child will be living with and the custodial parent is not moving simply for the purpose of interrupting the child’s court-ordered custody schedule, the courts will grant the custodial parent’s request to move the child to a new residence.

For instance, if the custodial parent can prove that they are moving to a new city or state because of a job opportunity, the court will likely grant the parent’s request to move. The courts may also grant permission for the parent and child to move if there was domestic violence in the home, even if the child did not witness the violent act or the act was not committed toward the child. If a legal residence change is permitted, the courts might offer a parenting schedule modification to ensure that the child will still be able to maintain a relationship with the non-custodial parent.