Can my ex-wife move our son to Arizona with 50/50 custody?

Full question:

My e-wife wants to move to Arizona, she remarried in Dec. 31,2010 to a guy in the army and wants to take my 4 year old son. I am fighting her now. Would a judge let her move him away from me when I have 50/50, and he doesn't not want to go to her? I put him in therapy to find out why he fights to go to her. She has had attempted suicides in the past, and used to cut her self. I love my son and it would hurt so bad to see this happen. She has people lying for her. My parents took her in from probate court because it was not fit for her to live with her real mom and step dad. She admitted in court she has a drinking problem. My mom and sister and father help raise our son because she would. Please help me with your answer. My son is my life.

  • Category: Divorce
  • Subcategory: Child Custody
  • Date:
  • State: Michigan

Answer:

Once a trial court has issued a custody order, it typically won't change that order unless the requesting party shows a "change of circumstances" that warrants a review. This rule aims to provide stability for children, meaning custody modifications are not appropriate without significant changes in the current custodial situation.

If you have a 50/50 custody arrangement, your ex-wife must seek court permission before relocating your son to another state, especially if it exceeds a 100-mile distance from your current residence. This is outlined in Michigan law (Mich. Comp. Laws § 722). If the parents live within 100 miles of each other, the court must approve any move beyond that limit.

Before allowing a legal residence change, the court will consider several factors, focusing on the child's best interests:

  • Whether the move could improve the quality of life for both the child and the relocating parent.
  • The degree to which each parent has adhered to the existing parenting time schedule.
  • Whether the court can modify the parenting time schedule to maintain the relationship between the child and both parents.
  • The motivations of the parent opposing the move.
  • Any history of domestic violence.

Each custody or parenting time order should include a provision on how changes in the child's legal residence will be handled. If such a provision exists and the move complies with it, the restrictions may not apply. If your ex-wife needs to move for safety reasons, she may do so temporarily until the court makes a determination.

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.

FAQs

Yes, a spouse can move out of state during a divorce. However, if there are children involved and custody arrangements are in place, the moving spouse may need to seek court approval before relocating. This is especially true if the move affects the existing custody arrangement or parenting time schedule. Courts prioritize the best interests of the child when considering such requests.