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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
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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.

What Our Clients Are Saying

Laurie did a tremendous job for me. She explained the law to me and steered me in the right direction.  Without her I don’t know what I would have done. She is a fantastic lawyer. I would hire her in a second if I needed a lawyer again. Thanks again! 
– B.S.

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

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From The Blog

What Are The Steps Of A Divorce? Part IV

In this multi-part blog series “What are the steps of a divorce” we continue our journey into the divorce process. You have now obtained temporary orders. What’s next in your divorce case? DISCOVERY PROCESSDISCOVERY: WHAT IS IT? Discovery is part of the pre-trial phase of the case where each party requests documents and information from […]

I Want Custody of My Children, but I Love Facebook: Why you should ‘unfriend’ Facebook during a custody case

Although my West Michigan family law practice involves meeting with clients about a range of issues, child custody issues are often the most challenging for my clients. The toll child custody takes on the individual parties’ emotions, children, and finances is the number one reason why I encourage people to learn more about Collaborative Divorce […]

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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