Can My Ex Move Out of State With Our Kids After a Michigan Divorce?
By Triton Legal PLC | Mid-Michigan Family Law
Few things create more urgency in a family law case than learning that the other parent wants to move out of state with your children. The questions come fast: Can they do that? Do they need my permission? What happens to my parenting time? What if they just leave?
Michigan law has specific answers to all of these questions — and the rules are more protective of the non-relocating parent than many people expect. But the window to act can be short, and the steps you take early in the process matter significantly.
This post explains what Michigan law requires before a parent can relocate with a child, how courts evaluate relocation requests, and what to do if you believe the other parent is already planning to leave.
The Starting Point: Michigan's Parental Relocation Statute
Michigan's parental relocation law is governed by MCL 722.31, which applies when a parent wants to move a child more than 100 miles from their current legal residence — regardless of whether the move crosses state lines. A move from Bay City to Detroit, for example, would trigger the statute even though it stays within Michigan. A move from Saginaw to Ohio would trigger it as well.
The 100-mile threshold is measured in a straight line from the child's current legal residence — not by driving distance.
If the proposed move is less than 100 miles and stays within Michigan, MCL 722.31 does not apply, and the relocating parent generally does not need court approval. If it crosses state lines regardless of distance, the analysis becomes more complex and depends on the specific terms of your custody order.
When Court Approval Is Required
If the proposed move triggers MCL 722.31, the relocating parent must obtain either the written consent of the other parent or court approval before moving the child. They cannot simply pack up and leave.
This requirement applies even if the relocating parent has sole physical custody. Having primary custody does not give a parent the unilateral right to move a child out of reach of the other parent's parenting time.
If the other parent consents in writing, the move can proceed — though it is still worth formalizing the new parenting time arrangement through a court order modification to avoid future disputes.
If the other parent does not consent, the relocating parent must file a motion with the court and obtain approval before the move. The court will then evaluate the request using a specific set of factors established by Michigan law.
How Michigan Courts Evaluate Relocation Requests
When a relocation motion is contested, Michigan courts apply the five-factor test established in MCL 722.31(4). The judge must consider each factor and make findings on the record. No single factor is automatically decisive — the court weighs them together.
Factor 1: Whether the move has the potential to improve the quality of life for the child and the relocating parent.The court looks at the relocating parent's reasons for moving — a new job, proximity to family support, a new marriage, lower cost of living. The question is whether the move offers a genuine improvement, not just a change.
Factor 2: Whether each parent has complied with and utilized their parenting time. A parent who has consistently exercised their parenting time and maintained an active relationship with the child is in a stronger position to oppose relocation. A parent who has been inconsistent or disengaged will find this factor weighing against them.
Factor 3: Whether the court is satisfied that the relocating parent will comply with parenting time after the move.This is a credibility assessment. The court evaluates whether the relocating parent has a history of facilitating the other parent's relationship with the child — or whether they have a pattern of interference, obstruction, or minimizing the other parent's involvement.
Factor 4: Whether the non-relocating parent's opposition is based on a desire to support the child's relationship with both parents or on a desire to cause the relocating parent financial hardship. Courts are attuned to the difference between genuine concern for the child's wellbeing and opposition that is really about controlling the other parent or avoiding a child support modification. The non-relocating parent's motive matters.
Factor 5: Whether the domestic violence provisions of MCL 722.23 apply. If there is a history of domestic violence, the court considers how that history affects the relocation analysis — including whether the move may be related to safety concerns.
After applying these five factors, if the court determines that the relocation is in the child's best interests, it will approve the move and modify the parenting time schedule accordingly. If it determines the move is not in the child's best interests, it will deny the motion.
What Happens to Parenting Time If the Move Is Approved
A court-approved relocation does not eliminate the non-relocating parent's parenting time — it restructures it. The parenting time schedule that worked when both parents lived in the same area will need to be modified to account for the distance.
Common modifications include:
Fewer but longer parenting time periods — extended summers, full school breaks, and long weekends rather than every-other-weekend exchanges
Alternating school years in cases of very long distances
Virtual parenting time provisions for regular contact between exchanges
Travel cost allocation between the parents
The specific modification depends on the distance of the move, the child's age and schedule, and the financial circumstances of both parents. Courts in Mid-Michigan are experienced at crafting workable long-distance parenting time schedules — but the non-relocating parent should be prepared to advocate for a schedule that preserves meaningful, consistent contact.
What If the Other Parent Just Leaves Without Permission
This happens — and it is one of the most serious violations of a Michigan custody order.
If the other parent relocates with your child without your written consent and without court approval, they have violated MCL 722.31 and potentially committed parental abduction under Michigan law. The consequences can include:
Contempt of court. A parent who relocates without permission is in direct violation of a court order. A contempt motion can result in fines, make-up parenting time, attorney fee awards, and in serious cases incarceration.
Custody modification. Michigan courts have consistently held that unauthorized relocation is a significant change in circumstances that can warrant a modification of the existing custody order — including a transfer of primary custody to the non-relocating parent. Courts take a dim view of parents who present the other parent and the court with a fait accompli.
Emergency custody order. If the other parent has left with your child without authorization, you can seek an emergency custody order requiring the child's return. Time is critical in these situations — contact an attorney immediately.
Criminal charges. In cases where the relocation involves concealing the child's location or crossing state lines, parental abduction charges under Michigan law or federal law may apply.
If you discover that the other parent is planning an unauthorized move — or has already left — do not wait. The sooner you act, the more options you have.
What to Do If You Think Your Ex Is Planning to Leave
You do not have to wait until the other parent files a motion or buys plane tickets to protect yourself. If you have credible reason to believe the other parent is planning to relocate with your child, there are steps you can take now.
Review your custody order. Understand exactly what your order says about relocation, notice requirements, and travel. Some orders include specific language requiring advance notice of any planned relocation — even before a formal motion is filed. If your order has this provision and the other parent is not complying, that is already a violation.
Document the signs. If the other parent has mentioned moving, is selling their home, has accepted a job in another state, or has been researching schools in another city, document it. Screenshots of social media posts, text messages, and emails can all be relevant.
Contact a family law attorney immediately. An attorney can advise you on whether a preemptive motion — such as a motion to prohibit relocation pending further court order — is appropriate in your situation. In some cases, acting before the other parent files gives you a strategic advantage.
Do not threaten or confront. If you suspect the other parent is planning to leave, resist the urge to confront them or issue ultimatums. Keep communication businesslike and in writing, and let your attorney handle the legal response.
If You Are the Parent Who Wants to Relocate
Everything above applies in reverse. If you are considering a move that would trigger MCL 722.31, the most important thing you can do is plan carefully and early.
Start by reviewing your custody order and consulting with a family law attorney before you make any commitments — including accepting a job offer, signing a lease, or telling your children about the move. Making those commitments before securing court approval or the other parent's consent puts you in a difficult position if the motion is denied.
If the other parent is likely to consent, pursue a written agreement and a formal order modification. If they are not, prepare for a contested hearing and gather evidence on each of the five statutory factors — particularly the quality of life improvements the move would bring and your history of facilitating the other parent's relationship with the child.
We Handle Relocation Cases Across Mid-Michigan
Relocation disputes are among the most complex and emotionally charged matters in Michigan family law. The stakes — your relationship with your child — could not be higher, and the legal analysis is fact-intensive and time-sensitive.
Triton Legal PLC represents parents on both sides of relocation disputes across Bay, Midland, Saginaw, Tuscola, Arenac, Iosco, Gladwin, Clare, and Ogemaw Counties. Whether you are trying to stop a move or seeking approval for one, we can help you understand your options and move quickly when timing is critical.
Call us at (989) 439-9600 or contact us online to schedule a confidential consultation.
This blog post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship with Triton Legal PLC. Every case is different. If you have questions about your specific situation, please contact a licensed Michigan attorney. Attorney advertising.