Full question:
My husband filed for divorce 6 months ago. Divorce is not final yet. We have three minor children. I have a full physical custody and joint legal. Can I move to a different state BUT within the 100 miles radius?
- Category: Divorce
- Date:
- State: Michigan
Answer:
You appear to have read carefully the temporary custody order. That is important. Please keep in mind that you don't want to jeopardize the current temporary order that has awarded you custody of the children, so even if you don't have to inform the court it might enhance your status with the court, and prevent any action you take from surprising the court, either to ask the court for permission to relocate or at least to notify the court of your intention to relocate. As for whether you have the authority to relocate to another state and retain custody of the minor children, all the while remaining within a 100-mile radius, your first source of authoritative information would be the Michigan Rules of Court, specifically Chapter 3.200, which is captioned "Domestic Relations Actions, and which is linked below. The Michigan Rules of Court are PDF files, so you can easily print Chapter 3.200. You don't state whether you are represented by counsel or are representing yourself. If you are represented by counsel, this is a matter that you should discuss with your attorney. In not represented by counsel, then please be aware that you never want to surprise a judge, nor give the adverse party an opportunity to argue that you have been less than candid with the court. Remember that temporary orders are just that: temporary. You don't want to incur the judge's disfavor, so err on the side of caution in taking any action that might jeopardize your apparent good standing with the court.
Please see the information at the following links:
http://definitions.uslegal.com/r/rules-of-court/
http://coa.courts.mi.gov/rules/
http://coa.courts.mi.gov/rules/documents/1Chapter3SpecialProceedingsandActions.pdf
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
