HOW TO WIN A MOTION TO CHANGE DOMICILE OR SUCCESSFULLY DEFEND AGAINST ONE

A divorce attorney in Grand Rapids Mi, should be careful to explain to a client what the client will need to prove in order to achieve a change of domicile allowing them to move their child or children to another state.  The same sound advice should be given to those clients who wish to stop their former spouse or other parents of the child or children from mounting a successful change of domicile.  In either case, The top divorce lawyers in Grand Rapids, Michigan should be well versed in the specific details of the statute that controls the change of domicile motions.  The statute is found out Michigan Compiled Laws or MCL 722.31, the title of which is; “Legal residence change of child whose parental custody is governed by court order.”  This statute is to be distinguished from the 100-mile rule which deals with moving the domicile of the child within the State of Michigan more than 100 miles from where the parties lived at the time of the filing of the original divorce or custody action.  MCL 722.31 applies to those parents seeking to move their child or children to a state other than Michigan.  In both instances, a motion filed before the court is required to make either one of these changes.  As to moving to another state, a Grand Rapids divorce lawyer should advise the client that these motions to change domicile to another state can be very difficult to win unless you have the right facts.  The first question is does the change of domicile has the capacity to improve the quality of life for both the child and the relocating parent.  The big issue here typically involves an analysis of the relocating parent’s job opportunity.  Many clients will seek to change domicile because they have a new career opportunity that will pay them significantly more in income.  This could be a function of the job market from a geographical perspective such as one state having more opportunities in a given field than the State of Michigan has to offer.  The quality of life for the child isn’t just about money, however, and the client should make sure that they have thoroughly researched the quality of the school system in the community they want to move to so that the court is aware that the children will have at least an equal or better quality of education as a result of the move, preferably even better schools if the client wants to increase their chance of success.  There must also be due diligence in proving to the court that the new neighborhood is safe, good for families, and provides the children with the opportunity to thrive in a diverse and supportive new community.

The next issue for the court is if the court grants the change of domicile, the client must be able to demonstrate that the other parent will have ample opportunity for parenting time in place of the normal arrangements that parents typically have when they live in the same community.  The classic scenario in these cases is that the relocating parent will have to agree to a generous summer parenting time schedule such as 6 or 8 weeks in the summer.  In addition, there will typically be a sharing of the Christmas vacation, an alternating of the Spring Break vacation, and a division of further holidays and vacations in order to give the remaining parent as much parenting time as possible.  The best divorce attorneys in Grand Rapids Michigan understand that the Court must also analyze and determine if the parent trying to move to another state is simply trying to frustrate or obstruct the relationship with the other parent and the children.  Further analysis is also required by the court to determine if the parent who is not moving to the other state has actually exercised their parenting time on a regular and consistent basis.  The likelihood of success in a change of domicile motion is much higher for the party seeking to move if the other party has not consistently exercised their parenting time or has not seen the children at all for a long period of time.  The Court must also determine if the party opposing the move to another state is motivated by securing a financial advantage with respect to a support obligation.  Finally, the Court must determine if there has been domestic violence perpetrated against the children or the other parent.  

Family law attorney Grand Rapids Mi understand that the way to win a change of domicile motion, and hearing is to demonstrate that the move offers a chance for a better way of life for the children.  This must include a great new job opportunity for the moving parent or least significantly improved income for the parent, a good school, a good community and ideally, additional family support that could include a new spouse or additional family members.  If you or your children have been subjected to domestic violence by the other parent, you will have a better chance at moving to another state.  If on the other hand, the other parent has consistently exercised their parenting time, paid their child support, been actively involved in the children’s lives, and not committed domestic violence, these can be difficult cases to win.  A final factor not in the statute is who has a family where.  If your entire family support system is in West Michigan, for example, and the other parent’s family are all in West Michigan, this can make it even more difficult because the court does not want to separate children from the important extended family members in their lives.  Divorce lawyers in Grand Rapids, Michigan need to give you an honest analysis of the chances of success at achieving your move or stopping the other parent from moving.  The advice should also include an exhaustive checklist of things you can do to improve your chances of success on either side of this issue.

Please call The Law Offices of Sean Patrick Cox, P.L.L.C., in Grand Rapids, Michigan at 616-942-6404, to set up a free consultation.