Can I Challenge My Ex’s Relocation Request in Michigan?

 Posted on May 05, 2025 in Family Law

Moving after divorce is not a new concept, and in Michigan, laws dictate what happens when the person moving is a co-parent of a minor child. Because parental relocation can profoundly affect everyone in your immediate family, especially your child, it is important to understand your rights, including your ability to challenge a relocation request. If you have a co-parent who is planning to move a significant distance away and want to know what your legal options are, consider speaking with a knowledgeable Northville, MI parent relocation attorney about your case.

What Can You Do To Challenge a Relocation Request?

If your co-parent has submitted a relocation request and you are opposed to the move, you have a legal window to challenge the request. First, you can file a response to their petition, formally explaining why you oppose the relocation. Then, you will attend a court hearing where you can present evidence to show that the move is not in your child’s best interests. The burden of proof lies with the parent who filed the petition to relocate. If the move could be detrimental to your child’s well-being, the court likely will not approve.

What Do Judges Consider Before Approving a Relocation Request?

Michigan has a 100-mile rule for relocating with a child when you share custody with a co-parent. According to this law, your co-parent only needs to file a petition if they want to move more than 100 miles away from their location within Michigan when the court-ordered custody agreement was made. If your co-parent wants to move anywhere outside of Michigan, they will likewise need to file a petition. If they do need to file a petition, some factors the judge will consider before approving the request include:

• How the relocation will impact your child’s life and the life you and your child have together

• Whether you and your co-parent have complied with the terms of your custody agreement

• How the relocation would impact your parenting time and your relationship with the child

• Whether anyone in the family has a history of domestic violence

Sometimes, you may not realize how a relocation could negatively impact you and your child, but an experienced family law attorney in Michigan could help.

What Are Some Common Reasons a Judge May Deny a Relocation Request?

The most common reason the court may deny a relocation request is that it would be too disruptive for your child. Moving far from everything a child knows can impact more than just their relationship with a parent. Their social life and education are taken into consideration as well. Your objection alone can significantly impact the other parent’s chance of approval, especially if you can argue that the move would significantly decrease your parenting time with your child. Sometimes, there is simply not enough evidence for a parent to prove that the relocation would be good for the child.

Contact Our Experienced Northville, MI Parent Relocation Attorneys Today

Relocation cases can entail several factors that complicate the situation. Ensuring you understand your rights as a co-parent and what you can do to protect your child is our priority at Elkouri Heath, PLC. Call 248-344-9700 to speak with one of our experienced Oakland County, MI parent relocation lawyers today. We have over 23 years of experience offering compassionate and customized representation to clients in these emotionally challenging situations and will do the same for you.