Home / Family Law / Issues in Change of Domicile in Michigan

Issues in Change of Domicile in Michigan

Change of domicile is a matter that the courts in Michigan take very seriously. This is where one parent – normally the custodial parent – is seeking permission to leave the state and move to another state. In the past, it was very difficult to change domicile because the court’s want to keep both parents as close as possible to the children, even after a divorce. This blog is to raise the issue of whether or not, in view of the economy, judges are taking a more liberal approach and granting changes of domicile more easily than they might have a couple of years ago.

It is the opinion of this writer that if a person has made a good faith effort to find a job in Michigan, cannot find employment in Michigan, and is able to find a job in another state, the courts will look more liberally towards a change of domicile. To be successful, the person must show an actual job in another state, not just that he or she is searching for employment out of Michigan. The person must show that he or she cannot find employment, or comparable employment here in Michigan.

In addition, the person must show that the schedule and move is not being done to take the children away from the other parent. The party must show that there will be very liberal parenting time or some reasonable schedule to make up for the loss of parenting time and the fact that you cannot have the same schedule if you are in another state that you can if you are living in close proximity here in Michigan.

The party also must show that there is clearly an economic betterment for the children if the move is allowed, which is part of the statutory and case law requirement. Other items should be developing a means of communication regularly by phone, using a video cam, and providing as much access between the other parent and the children if the move is granted. These are important considerations to think about.

During these trying economic times, where Michigan leads the country in the unemployment rate, I believe that judges are forced to be more lenient than they would have been a couple of years ago, as long as the requirements set forth in this article are met. This is something that should be discussed on a case by case basis. At Family Law of Michigan, we are prepared to answer your questions and evaluate whether or not you have a legitimate case and a reasonable basis for either trying to move out of state, or defending a change of domicile situation. This is an area where the economy has definitely had an impact.

Change of domicile is a matter that the courts in Michigan take very seriously. This is where one parent – normally the custodial parent – is seeking permission to leave the state and move to another state. In the past, it was very difficult to change domicile because the court’s want to keep both parents as close as possible to the children, even after a divorce. This blog is to raise the issue of whether or not, in view of the economy, judges are taking a more liberal approach and granting changes of domicile more easily than they might have a couple of years ago.

It is the opinion of this writer that if a person has made a good faith effort to find a job in Michigan, cannot find employment in Michigan, and is able to find a job in another state, the courts will look more liberally towards a change of domicile. To be successful, the person must show an actual job in another state, not just that he or she is searching for employment out of Michigan. The person must show that he or she cannot find employment, or comparable employment here in Michigan.

In addition, the person must show that the schedule and move is not being done to take the children away from the other parent. The party must show that there will be very liberal parenting time or some reasonable schedule to make up for the loss of parenting time and the fact that you cannot have the same schedule if you are in another state that you can if you are living in close proximity here in Michigan.

The party also must show that there is clearly an economic betterment for the children if the move is allowed, which is part of the statutory and case law requirement. Other items should be developing a means of communication regularly by phone, using a video cam, and providing as much access between the other parent and the children if the move is granted. These are important considerations to think about.

During these trying economic times, where Michigan leads the country in the unemployment rate, I believe that judges are forced to be more lenient than they would have been a couple of years ago, as long as the requirements set forth in this article are met. This is something that should be discussed on a case by case basis. At Family Law of Michigan, we are prepared to answer your questions and evaluate whether or not you have a legitimate case and a reasonable basis for either trying to move out of state, or defending a change of domicile situation. This is an area where the economy has definitely had an impact.

Michigan Change of Domicile information provided Henry S. Gornbein PLLC.

 
©2010 Henry S. Gornbein PLLC
Alisa A. Peskin-Shepherd PLLC
Disclaimer
Lawyer Website by The Modern Firm