Change of Domicile, Torree J. Breen, Divorce and Family Law


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Have you found a new job outside of Michigan or have been lucky to find new love across state lines?  The internet has expanded our employment opportunities and our dating pool beyond Michigan; however, if you are divorced or have a court order dictating the custody of your minor child, you cannot relocate the child beyond 100 miles without a court order allowing a change in domicile.

The burden of proof to change the domicile of your child is a pretty high standard, especially, if your child has an established custodial environment.  You must prove the move has the capacity to improve the quality of your life and your child’s life. The court will also review whether the move is instigated to frustrate the parenting time of the nonmoving parent and whether a new schedule with the nonmoving parent can preserve their relationship with the child. The court will evaluate the change in accordance with the best interest of the child factors if the move changes the physical custody of the child.