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Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

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616.608.4634

  • Home
  • About
    • About Laurie Schmitt
    • Honors and Awards
    • Inspirational Quotes
  • Divorce
    • Uncontested Divorce
    • Collaborative Divorce
    • Mediation
    • Spousal Support
    • Spousal Support Modification
    • Annulments
    • Separate Maintenance
    • Alternative Divorce Options
  • Family Law
    • Limited Scope Services
    • Child Custody
    • Change of Domicile
    • Post-Judgement Modification
    • Enforcement of Court Orders
    • Child Support
  • Paternity
    • Affidavit of Parentage
    • The Michigan Paternity Act
    • How Does A Paternity Case Work
  • Blog
  • Contact

Change of Domicile

Michigan law states that every custody order must contain a provision that prohibits change of domicile without permission of the court.

MCR 3.211 states that every custody order must contain a provision that prohibits changing the domicile of the children from the state of Michigan without permission of the court.

Therefore, if you are contemplating a move more than 100 miles from the child’s current residence (domicile), there are factors that must be considered.

If the parties have been awarded joint legal custody and live within 100 miles of each other at the time the case started, MCL 722.31 applies. MCL 722.31 establishes a legal residence for the children with each parent.

This statute prohibits the parents from moving the child’s residence more than 100 miles at the time the case was commenced without court permission or permission from the other party. MCL 722.31(4) sets out factors the court must consider when ruling on a motion to move beyond the 100-mile limit.

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There are four exceptions to the 100 mile move-away rule:

  1. The other parent consents to the move;
  2. One of the parties has sole legal custody;
  3. When the original custody determination was made, the parties already lived 100 miles or more apart; or
  4. The move brings the parents closer to one another (unless the move is out of state).

If you are contemplating a move more than 100 miles from the child’s domicile, or are having to defend a change of domicile motion filed by the other party, please contact Laurie Schmitt to discuss your obligations and rights.

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From The Blog

What Does A 50/50 Parenting Time Schedule Look Like?

More and more judges are awarding “50/50” parenting time in divorce and custody cases. So, what does a 50/50 parenting times schedule look like? There are three major “50/50” parenting time schedules. The following are examples of how the month would be divided between the parties: 1.  WEEK ON WEEK OFF In a week on/week […]

Common Divorce Questions: How Long Does It Take to Get Divorced?

One of the most common questions divorcing couples ask is, “How long will it take?” The answer depends on how litigious the parties are.  The more issues they can agree upon between them means the less time they spend in court and the quicker their divorce can become final.  There are some statutory requirements that […]

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Laurie K. Schmitt
Attorney, Mediator, and Collaborative Lawyer

401 Hall Street SW
Suite 112D
Grand Rapids, MI 49503

Phone: 616.608.4634

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Laurie Schmitt of Schmitt Law, PLLC is a West Michigan family law attorney specializing in collaborative divorce as well as separation, divorce, child custody and support, paternity, and other family law litigation. She is licensed by Michigan State Bar and the U.S. District Court for the Western District of Michigan, and has extensive advanced training in divorce mediation and collaborative divorce.

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Member in Good Standing - 2023 - Collaborative Practice Institute of Michigan

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Home | About Laurie Schmitt | Honors and Awards | Divorce | Uncontested Divorce | Collaborative Divorce | Mediation | Spousal Support and Modification | Annulments | Separate Maintenance | Alternative Divorce Options | Family Law | Limited Scope Services | Child Custody | Change of Domicile | Post Judgement Modification | Enforcement of Court Orders | Child Support | Paternity | Affidavit of Parentage | The Michigan Paternity Act | How Does A Paternity Case Work | Blog | Contact