One common custody issue that comes up after divorce is one parent wishing to move. Since the original decree and parenting plan was based on the circumstances at the end of marriage, this will create a situation where a modification is often required.

It is important to understand how you or your ex’s decision to move will impact the current custody order and the jurisdictional procedures you must follow to move when you are divorced with children.

Laws are different from state-to-state, so for this example, we will compare how Michigan and Indiana deal with custody and relocation following divorce to give you an idea how the process varies.

In-state relocation

Indiana has stricter regulations for in-state relocation than Michigan.

In Indiana, if you want to take your children to another part of the state, you must give 90 days notice to both the court and to the other parent. This applies no matter the distance, whether it’s across the street or across the state.

In Michigan, the distance matters. You only need approval from the court or the other parent if you’re moving more than 100 miles from the other parent.

Out-of-state relocation

For an out-of-state move, things are the same whether it’s a Detroit or Indianapolis divorce. The moving parent must get permission from the other parent or the court.

Contested cases

The court can’t stop a parent from moving, but it can modify custody to prevent that parent from taking the kids.

When deciding whether to allow a relocation, Michigan and Indiana courts consider many different factors.

In Michigan, this includes:

• Whether the move will improve the quality of life for both the child and the moving parent;
• Whether the moving parent wants to move so that they can interfere with the other parent’s parenting time;
• Whether the parent objecting to the move is motivated by a desire to avoid an increase in support payments;
• Each parent’s track record of complying with previous parenting court orders;
• Whether a new parenting schedule could be devised that would support the child’s relationship with each parent;
• The probability that both parents will comply with that new schedule; and
• The existence of any domestic violence.

In Indiana, the courts follow a “best interest of the child” standard when making rulings. To determine what that is, they look at the following:

• The age and sex of the child;
• The wishes of the child’s parents;
• The preference of the child, especially if the child is older than 14;
• The relationships between the child, parents, siblings and other people who may affect the child’s best interests;
• The child’s adjustment to home, school and community;
• The mental and physical health of everyone involved in the case;
• Domestic or family violence by either parent; and
• Whether the child has been cared for by someone other than the parent.

You can see that the criteria differs slightly, but the bottom line is that if a parent is trying to relocate with the kids, the courts will consider a number of factors and make decisions on a case-by-case basis.

Consider consulting an attorney to help you build your case if you are the custodial parent trying to move, or if you are trying to prevent your ex from moving your kids out of state.

This can be a very contentious issue when it arises, and you will want expert legal advice to help ensure that your rights are not being trampled.