What is the 100-mile rule in Michigan Custody Cases?

At Wilson Kester, we often work with our clients to navigate the waters of custody and divorce. One aspect of custody in Michigan is the “100-mile rule.” If you are looking to move for a potential job opportunity or a change of scenery, having an attorney whose priority is to educate you on the legal ramifications related to such a decision is imperative to making the right moves that serve rather than undermine your goals of relocation. Education is just one of the ways that we empower our family law clients at Wilson Kester.

Defining the 100-mile rule in Michigan

In Michigan, the 100-mile rule pertains to changing the legal residence of a child whose custody is governed by a court order. The statute provides in relevant part: “A parent of a child whose custody is governed by court order shall not change a legal residence of the child to a location that is more than 100 miles from the child’s legal residence at the time of the commencement of the action in which the order is issued.” MCL 722.31. 

Courts routinely respond harshly to moves made in violation of this rule. If you don’t know how this rule applies to your situation, or if you think that, because there was no order entered before you moved but after your divorce action was filed, our legal professionals at Wilson Kester can provide clarity. Relocation situations are a common cause for litigation because of a lack of understanding of the many ways in which this rule applies. Even a casual conversation regarding a move without an informed plan can lead to a motion to change custody or parenting time over fear about a potential move. It is more often the better route to first become informed on how the rule applies to your situation before raising the issue at all with your coparent.

The 100-mile rule does not restrict relocation in these situations: 

• One party has sole legal custody of the child.

• Both parents consent to the move. However, failure to properly document consent frequently causes problems. Verbal agreements or informal texts are rarely sufficient. You can contact Wilson Kester to document a mutual agreement that will minimize litigation risk if your co-parent later changes their mind.

• Both parents were already living more than 100 miles apart when the custody case began.
• The residence changes in question result in the child’s 2 legal residences being closer to each other compared to the first distance before a potential move. 
• A Domestic Violence exception in which a parent may relocate to escape domestic violence. If you are in this situation, you can contact Wilson Kester for assistance.

If none of these exceptions apply to you, court permission before a move is required when moving beyond the 100-mile limit. Unauthorized relocation can severely impact your parental rights.

When it comes to any motion, it is important to consider contacting a legal professional to help guide a smooth transition. Even moves under the 100-mile threshold can lead to litigation if they disrupt parenting time or established care arrangements. At Wilson Kester, we work diligently to assist our clients with their aspirations for a better future. Pre-planning with our firm can help you understand how the rule affects your current custody setup and will increase your odds of developing the best strategy and better outcome.

What factors will a judge consider with the 100-mile rule? 

When a judge is weighing the validity of a move past that 100-mile limit, Michigan courts evaluate the following statutory factors (MCL 722.31): 

• Whether the move could improve the quality of life for the child and the relocating parent.

• Each parent’s compliance with the court-ordered parenting time with the child before the move, and whether the move is intended to frustrate the established schedule.

• The possibility of ordering a modification of the parenting schedule that can adequately preserve the relationship between all parties involved, and whether each parent is likely to comply.

• The extent to which an opposing parent is motivated by financial concerns relating to child support obligations.

• Any history of domestic violence, regardless of whether the child witnessed it.

Identifying these factors and how they pertain to your move will go a long way in determining the viability of your move in the eyes of a Michigan court. Contacting an experienced Michigan family law firm, such as Wilson Kester, can allow these aspects of your move to be examined. Retaining legal representation can prove to be the difference when preparing to present the possibility of relocation to a judge. At Wilson Kester, we can provide a helping hand to help empower your decisions through education and strategic planning. At Wilson Kester, we help clients pursue a better future—whether that means a new home or a fresh start—while safeguarding their parental rights.