• Home
  • About Laurie Schmitt
    ▼
    • About Laurie Schmitt Attorney
    • Honors and Awards
  • Divorce
    ▼
    • Separate Maintenance
    • Spousal Support and Modification
    • Alternative Divorce Options
      ▼
      • Mediation
      • Collaborative Divorce
      • Uncontested Divorce Process
    • Annulments
      ▼
      • Grounds For An Annulment In Michigan
      • What Are The Differences Between An Annulment Verses A Divorce?
  • Family Law Services
    ▼
    • Child Custody
    • Change of Domicile
    • Child Support
    • Post-Judgement Modification
    • Enforcement of Court Orders
    • Limited Scope Services
    • Uncontested Divorces
  • Paternity
    ▼
    • Affidavit of Parentage
    • The Michigan Paternity Act
    • How Does A Paternity Case Work
  • Blog
  • Contact
  • Skip to primary navigation
  • Skip to main content
  • Skip to footer

Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

  • Facebook
  • Twitter

616-608-4634

  • Home
  • About Laurie Schmitt
    • About Laurie Schmitt Attorney
    • Honors and Awards
  • Divorce
    • Separate Maintenance
    • Spousal Support and Modification
    • Alternative Divorce Options
      • Mediation
      • Collaborative Divorce
      • Uncontested Divorce Process
    • Annulments
      • Grounds For An Annulment In Michigan
      • What Are The Differences Between An Annulment Verses A Divorce?
  • Family Law Services
    • Child Custody
    • Change of Domicile
    • Child Support
    • Post-Judgement Modification
    • Enforcement of Court Orders
    • Limited Scope Services
    • Uncontested Divorces
  • 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.

Schedule a consultation

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.

What Our Clients Are Saying

 Laurie is awesome!  She is very up front and honest, no games to be played, she was not just selling a dream just to earn a buck.  She was able to convey all the information in a clear concise manner that I could understand.  She can be blunt but not in a mean way, which I like.  If you are ever in need of a pit bull in the courtroom who will give you her honest opinion on the matter and who will fight for your case and yield results, then Laurie Schmitt is the lawyer for you.  H.J.

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

  • How Can We Help?
    616-608-4634

From The Blog

Substance Abuse and Fighting For Custody/Parenting Time

Fighting for custody and parenting time of your children is a hard enough road. But, if you have an ongoing drug or alcohol problem, it makes it a much more difficult to navigate your case. WHAT DOES A JUDGE LOOK AT What will your judge look at in determining your custody case if the other […]

Is Living In The Marital Home Together During The Divorce Right For You?

Your divorce has been filed. Now, where do we live while our divorce is pending? Do we stay together, or do we live apart? For most couples, it may not financially viable to maintain two homes until the parties have reached an agreement on the financial issues (division of assets/debts, who will retain the marital […]

Footer

  • Facebook
  • Twitter

Laurie K. Schmitt
Attorney, Mediator, and Collaborative Lawyer

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

Phone: 616-608-4634

Visa and MasterCard Accepted
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.

Disclaimer

Member in Good Standing - 2023 - Collaborative Practice Institute of Michigan
Copyright © 2023 - All Rights Reserved | Web Design by The Crouch Group | Log in