This paragraph of the Judgment of Divorce states that the domicile or residence of the minor children shall not be removed from the State of Michigan without the approval of the judge who awarded custody, or his/her successor.
When both the custodial parent and the noncustodial parent agree that the custodial parent may move out of state with the minor child, the Friend of the Court can assist parents with modifying the court order through a prearranged appointment with the referee or family counselor assigned to the case.
If the parents are not in agreement with the proposed move out of state, the custodial parent must file a petition with the court asking that he/she be allowed to move from the State of Michigan with the minor child. Before making its determination, the court assesses the following factors:
The prospective advantages of the move in terms of its likely capacity for improving the general quality of life for both the custodial parent and the children.
The integrity of the motives of the custodial parent, to determine whether the move is inspired primarily by a desire to defeat or frustrate parenting time and whether the custodial parent is likely to comply with the substitute parenting time orders.
The integrity of the noncustodial parent's motives in resisting the removal and the extent to which this opposition is intended to secure a financial advantage in respect to continuing support obligations.
Whether there is a realistic alternative to weekly parenting time that could provide an adequate basis for preserving and fostering the noncustodial parent's relationship with the children.
