Contact Kimberly Robbins directly for fast answers to your Family Law Questions at the Office at (248) 624-5500, on her cell phone at (313) 645-9219, or by email at kim@ambroselawgroup.com.

You cannot move more than 100 miles with children that are in your custody without the other party consenting in writing and the court allows it.The 100 miles is calculated by "how the crow flies (i.e. straight from the current home to the proposed home), not by driving miles". If not, you have to ask the court to enter an Order that allows you to leave the State, which would require a hearing. Even if the other party agrees, get it in writing and contact your attorney. Remember, your ex may be agreeable now, but may later try to say that you never had permission. The only exception to this is if you were granted sole custody. You must be certain that you have sole custody first.

Even if both sides agree to one of the parties moving more than 100 miles, there are many other issues to resolve. Obviously, parenting time for the non-moving parent will become more difficult. Sometimes this might be the primary reason that person will fight against allowing the move. Of course, the reason for the move cannot be to make visits harder on the other parent.

If you have a hearing because of a dispute over whether you are able to move more than 100 miles, the court will consider the following:

• Whether the legal residence change has the capacity to improve the quality of life for both the child and the relocating parent.
  
  
• The degree to which each parent has complied with, and utilized his or her time under, a court order governing parenting time with the child, and whether the parent’s plan to change the child’s legal residence is inspired by that parent’s desire to defeat or frustrate the parenting time schedule.
  
  
• The degree to which the court is satisfied that, if the court permits the legal residence change, it is possible to order a modification of the parenting time schedule and other arrangements governing the child’s schedule in a manner that can provide an adequate basis for preserving and fostering the parental relationship between the child and each parent; and whether each parent is likely to comply with the modification.
  
  
• The extent to which the parent opposing the legal residence change is motivated by a desire to secure a financial advantage with respect to a support obligation.
  
  
• Domestic violence, regardless of whether the violence was directed against or witnessed by the child.