After a marriage has ended, one parent may sometimes have a change in circumstances such as a better employment opportunity, remarriage, etc. Pursuant to MCL 722.31, a parent may not relocate a child more than 100 miles from the legal residence of the child at the time of the case was commenced or out-of-state without the court’s permission. There is a higher standard of proof that must be met by the proponent of the move to relocate a child more than a 100 miles from the child’s residence or out-of-state.
Since a relocation will likely modify the child custody order, the courts must evaluate the best interest of the child factors. Courts tend to shy away from infringing upon the relationship of either parent with the child, thus, the courts are likely to deny the relocation unless the higher standard of proof can be met by the moving party.