When deciding Michigan child custody arrangements, courts look seriously at any parental request to move children more than 100 “road traveled” miles away from the other parent. Change of Domicile petitions can be some of the toughest legal battles during or after divorce. Courts use the reasoning that unless there are negative parenting factors, the children are best off with regular and consistent contact with both parents. It’s argued that driving more than 100 miles for visitation would cut off the other parent’s ability to participate in the children’s lives.
Experienced Oakland County Change of Domicile Attorney Kathryn Wayne-Spindler helps clients
Statistics show that even inconsistent co-parenting is better for the kids than single-parenting. Obviously, this does not include exposing the kids to alcohol, drugs, or violence. Barring these damaging impacts though, the court’s first priority is keeping both parents involved if they want to be. That’s why the 100-Mile Rule is so strict. The 100-Mile Rule Law also applies to moves outside of the state or country because of the difficulty of enforcing Michigan’s custody laws in other jurisdictions.
According to the Child Custody Act of 1970, Section 722.31, the courts need to consider the following questions when deciding Change of Domicile requests:
- To what degree would the move have the capacity to improve the life of the children and relocating parent?
- Has the non-moving parent utilized the allotted visitation time in the past?
- Is the relocation an intentional effort by the custodial parent to frustrate the other parent’s ability to see his or her children?
- Are there modifications to parenting time orders that could offset the commuting inconvenience and preserve the parental relationship if the move were allowed?
- And, “The extent to which the parent opposing the legal residence change is motivated by a desire to secure a financial advantage with respect to a support obligation.”
Experienced Change of Domicile Attorneys
Kathryn Wayne-Spindler & Associate’s experienced Washtenaw County attorneys are talented at designing parenting plans – including crafting Change of Domicile Petitions – that satisfy the children’s best interests, the court’s requirements and both parents’ needs. We help clients seeking to move outside of the 100-Mile limit for a better job or lifestyle as well as those clients fighting to keep their kids nearby. That’s where our blend of compassionate consideration for all parties and aggressive experience in fighting for our clients’ needs has proven successful.
For assistance either petitioning for the right to move or fighting your ex-spouses’ Change of Domicile request, contact the law office of Kathryn Wayne-Spindler & Associates at 248-676-1000.
Kathryn Wayne-Spindler & Associates have many satisfied clients throughout the five counties of Southeastern Michigan – Oakland, Washtenaw, Wayne, Genesee and Livingston. The Michigan Family Law Attorneys of Kathryn Wayne-Spindler & Associates have one simple objective: to handle our clients’ legal worries so they can concentrate on life and family. Contact Kathryn Wayne-Spindler & Associates today to learn more about our experience and success at 248-676-1000. We are conveniently located in Milford, Michigan. We help clients throughout Milford; Highland; Hartland; White Lake; Commerce; Waterford; West Bloomfield; Walled Lake; South Lyon; New Hudson; Wixom; Linden; Holly; Fenton; Grand Blanc; Flint and many more local communities.
Aggressive Attorneys – Compassionate Counsel