Getting divorced changes your entire life. Many individuals look for a fresh start by moving away and starting over somewhere else. This can be complicated, however, if you share children with your ex-spouse. Relocation can seriously affect custody agreements made during the divorce process. If you are considering moving but want to know how it will impact you and your relationship with your child, read on and speak with an Oakland County child custody lawyer today.

What is a Custody Agreement?

A custody agreement is a legal document created during a separation or divorce. It outlines the terms and conditions of each parent’s rights and obligations to their child after splitting up. It will include a custody and visitation schedule, education information, child support details, and more. The agreement is legally enforceable and failing to abide by its terms can lead to legal consequences.

The agreement is created based on the details of both parents’ living arrangements, income, age, health, etc. as well as the circumstances of the child at that moment. When things change, like a parent wants to move, for example, the custody agreement may no longer be accurate or relevant.

Am I Allowed to Relocate After a Divorce?

Under Michigan state law, if you as the custodial parent want to relocate with your child, you may need approval from a judge to do so. Michigan enforces what is known as the 100-mile rule when it comes to custody. This means that a custodial parent cannot move the child to a location more than 100 miles from the child’s legal residence at the time the custody order was issued without express approval from the court. You also need permission from a judge to move your child across state lines.

As a noncustodial parent looking to move, you may be required to notify the court about an impending move and get legal permission depending on the details of the situation.

Does Relocation Affect Custody Agreements After Divorce?

Yes, relocation can affect custody agreements. If either parent is approved for a move, the custody agreement will likely have to be modified. The following changes may be made.

  • New parenting schedule and visitation plan
  • Inclusion of technology-based communication like scheduled video chats or phone calls
  • Advance planning for holidays
  • Travel agreements to ensure the child can visit in person with the noncustodial parent

Living far apart can impact the dynamics of co-parenting as well. Although the distance may complicate things, it will be more important than ever that the parents communicate effectively and cooperate to ensure that both parents continue to be involved in the child’s life.

For more information on your rights and legal options as a parent, contact a skilled attorney at Alan B. Cooper & Associates, PLLC.