Moving Out of State with Child No Custody Agreement Michigan

Moving out of state with a child is a complicated and emotional issue, especially when there is no custody agreement in place. In Michigan, just like in any other state, parents who want to relocate with their child need to follow specific legal procedures to ensure their rights are protected and the child`s best interests are considered.

If you are planning to move out of state with your child but do not have a custody agreement in place, you should seek legal advice from a family law attorney as soon as possible. The attorney can guide you through the process and help you understand your rights and obligations under Michigan law.

Here are some of the key things to keep in mind when moving out of state with your child without a custody agreement:

1. The child`s best interests come first.

Under Michigan law, the child`s best interests are the primary concern when determining custody and parenting time. When deciding whether to allow the move, the court will consider a variety of factors, including the child`s relationship with both parents, the impact of the move on the child`s education and social life, and any history of abuse or neglect.

2. You may need to seek the other parent`s consent.

If you share parental rights and responsibilities with the other parent, you cannot simply move out of state with your child without their consent or a court order. If the other parent objects to the move, you will likely need to go to court and prove that the move is in the child`s best interests.

3. You may need to give notice to the other parent.

Under Michigan law, if you are planning to move more than 100 miles away from the other parent, you must give them at least 60 days` notice before the move. The notice must include your new address, phone number, and proposed parenting time schedule.

4. You may need to modify the custody agreement.

If you do not have a custody agreement in place, you may need to file a motion to establish custody and parenting time before you can move out of state with your child. Alternatively, you may need to modify an existing custody agreement to account for the move. This can be a complex legal process, so it`s important to work with an experienced family law attorney.

Moving out of state with a child without a custody agreement can be a challenging and stressful experience. However, by working with a family law attorney and following the proper legal procedures, you can increase the chances of a smooth transition and protect your rights and your child`s best interests.