Michigan divorce statutes § 552.1 Invalidity
of marriages; legitimacy of issue. Annulments
Sec. 1. If solemnized within this state, a marriage that is prohibited by law because of consanguinity or affinity between
the parties, because either party had a wife or husband living at the time of solemnization, or because either party was
not capable in law of contracting at the time of solemnization is absolutely void. The issue of such a marriage are legitimate.
Michigan divorce statutes 552.2 Invalidity of marriages; marriage of person under age of consent, marriage by fraud, lack
of cohabitation.
Sec. 2. In case of a marriage solemnized when either of the parties was under the age of legal consent, if they shall
separate during such non-age, and not cohabit together afterwards, or in case the consent of 1 of the parties was obtained
by force or fraud, and there shall have been no subsequent voluntary cohabitation of the parties, the marriage shall be deemed
void, without any decree of divorce or other legal process.
Michigan divorce statutes 552.3 Marriage of doubtful validity; procedure to annul.
When a marriage is supposed to be void, or the validity thereof is doubted, for any of the causes mentioned in the 2 preceding
sections; either party, excepting in the cases where a contrary provision is hereinafter made, may file a petition or bill
in the circuit court of the county where the parties, or 1 of
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them, reside, or in the court of chancery, for annulling the
same, and such petition or bill shall be filed, and proceedings shall be had thereon, as in the case of a petition or bill
filed in said court for a divorce; and upon due proof of the nullity of the marriage, it shall be declared void by a decree
or sentence of nullity.
Michigan divorce statutes 552.14 Action for annulment, divorce, or separate maintenance; entering personal protection
order.
Sec. 14. (1) On the motion of a party at any time after the filing of a complaint in an action to annul a marriage or
for a divorce or separate maintenance, the court may at any time during the pendency of the action prohibit a party from
imposing any restraint on the moving party's personal liberty by entering a personal protection order under section 2950
or 2950a of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being sections 600.2950 and 600.2950a
of the Michigan Compiled Laws.
(2) On the motion of a party, before or at the time of a judgment of divorce, order for separate
maintenance, or decree of annulment, regardless of whether a personal protection order has been issued under subsection (1),
the court may enter a personal protection order under section 2950 or 2950a of the revised judicature act of 1961, Act No.
236 of the Public Acts of 1961, being sections 600.2950 and 600.2950a of the Michigan Compiled Laws.
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Michigan divorce statutes § 552.6 Complaint
for divorce; filing; grounds; answer; judgment.
Sec. 6. (1) A complaint for divorce may be filed in the circuit court upon the allegation that there has been a breakdown
of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable
likelihood that the marriage can be preserved. In the complaint the plaintiff shall make no other explanation of the grounds
for divorce than by the use of the statutory language.
(2) The defendant, by answer, may either admit the grounds for divorce
alleged or deny them without further explanation. An admission by the defendant of the grounds for divorce may be considered
by the court but is not binding on the court's determination.
(3) The court shall enter a judgment dissolving the bonds of
matrimony if evidence is presented in open court that there has been a breakdown in the marriage relationship to the extent
that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
Michigan divorce statutes 552.7 Action for separate maintenance; filing; grounds; answer; effect of admission; counterclaim
for divorce; judgment.
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Sec. 7. (1) An action for separate maintenance may be filed in the
circuit court in the same manner and on the same grounds as an action for divorce. In the complaint the plaintiff shall make
no other explanation of the grounds for separate maintenance than by use of the statutory language.
(2) The defendant, by
answer, may either admit the grounds for separate maintenance alleged or deny them without further explanation. An admission
by the defendant of the grounds for separate maintenance may be considered by the court but is not binding on the court's
determination. The defendant may also file a counterclaim for divorce.
(3) If the defendant files a counterclaim for divorce,
the allegation contained in the plaintiff's complaint as to the grounds for separate maintenance may be considered by the
court but is not binding on the court's determination.
(4) If evidence is presented in open court that there has been a breakdown
in the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable
likelihood that the marriage can be preserved, the court shall enter: (a) A judgment of separate maintenance if a counterclaim
for divorce has not been filed.
(b) A judgment dissolving the bonds of matrimony if a counterclaim for divorce has been filed.
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Michigan divorce statutes § 552.9 Judgment of
divorce; residency requirement; exception.
Sec. 9. (1) A judgment of divorce shall not be granted by a court in this state in an action for divorce unless the complainant
or defendant has resided in this state for 180 days immediately preceding the filing of the complaint and, except as otherwise
provided in subsection 2, the complainant or defendant has resided in the county in which the complaint is filed for 10
days immediately preceding the filing of the complaint.
(2) A person may file a complaint for divorce in any county in the
state without meeting the 10-day requirement set forth in subsection 1 if all of the following apply
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and are set forth
in the complaint:
(a) The defendant was born in, or is a citizen of, a country other than the United States of America.
(b)
The parties to the divorce action have a minor child or children.
(c) There is information that would allow the court to
reasonably conclude that the minor child or children are at risk of being taken out of the United States of America and retained
in another country by the defendant.
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Michigan divorce statutes § 552.9f
Divorce; taking of testimony; minor children; perpetuating testimony; nonresident defendant, residence of plaintiff. Waiting
Sec. 9f. No proofs or testimony shall be taken in any case for divorce until the expiration of 60 days from the time of
filing the bill of complaint, except where the cause for divorce is desertion, or when the testimony is taken conditionally
for the purpose of perpetuating such testimony. In every case where there are dependent minor children under the age of 18
years, no proofs or testimony shall be taken in such cases for divorce until the expiration of 6 months from the day the
bill of complaint is filed. In cases of unusual hardship or such compelling necessity as shall appeal to the conscience of
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petition and proper showing, it may take testimony
at any time after the expiration of 60 days from the time of filing the bill of complaint. Testimony may be taken conditionally
at any time for the purpose of perpetuating such testimony. When the defendant in any case for divorce is not domiciled in
this state at the time of commencing the suit or shall not have been domiciled herein at the time the cause for divorce arose,
before any decree of divorce shall be granted the complainant must prove that the parties have actually lived and cohabited
together as husband and wife within this state, or that the complainant has in good faith resided in this state for 1 year
immediately preceding the filing of the bill of complaint for divorce.
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Michigan divorce statutes § 552.15
Care, custody, and support of minor children during pendency of action; support order; enforcement.
Sec. 15. (1) After the filing of a complaint in an action to annul a marriage or for a divorce or separate maintenance,
on the motion of either party or the friend of the court, or on the court's own motion, the court may enter orders concerning
the care, custody, and support of the minor children of the parties during the pendency of the action as prescribed in section
5 of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605, and as the court considers proper and necessary.
Subject to section 5b of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605b, the court may also order
support as provided in this subsection for the parties' children who are not minor children.
(2) An order concerning the support of a child of the parties is governed by and is enforceable as provided in the support
and parenting time enforcement act, 1982 PA 295, MCL 552.601 to 552.650.
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Michigan divorce statutes 552.16 Care, custody, and
support of minor child after annulment or judgment of divorce or separate maintenance; enforcement.
Sec. 16. (1) Upon annulling a marriage or entering
a judgment of divorce or separate maintenance, the court may enter the orders it considers just and proper concerning the
care, custody, and, as prescribed in section 5 of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605,
support of a minor child of the parties. Subject to section 5b of the support and parenting time enforcement act, 1982 PA
295, MCL 552.605b, the court may also order support as provided in this subsection for the parties' children who are not
minor children.
(2) An order concerning the support of a child of the parties is governed by and is enforceable as provided
in the support and parenting time enforcement act, 1982 PA 295, MCL 552.601 to 552.650.
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Michigan divorce statutes §722 Child
Custody
722.23 “Best interests of the child” defined.
722.26a Joint custody.
Sec. 6a. (1) In custody disputes between parents, the parents shall be advised of joint custody. At the request of either
parent, the court shall consider an award of joint custody, and shall state on the record the reasons for granting or denying
a request. In other cases joint custody may be considered by the court. The court shall determine whether joint custody is
in the best interest of the child by considering the following factors:
(a) The factors enumerated in section 3. (b) Whether
the parents will be able to cooperate and generally agree concerning important decisions affecting the welfare of the child.
(2) If the parents agree on joint custody, the court shall award joint custody unless the court determines on the record,
based upon clear and convincing evidence, that joint custody is not in the best interests of the child.
(3) If the court
awards joint custody, the court may include in its award a statement regarding when the child shall reside with each parent,
or may provide that physical custody be shared by the parents in a manner to assure the child continuing
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contact with both parents.
(4) During the time
a child resides with a parent, that parent shall decide all routine matters concerning the child.
(5) If there is a dispute
regarding residency, the court shall state the basis for a residency award on the record or in writing.
(6) Joint custody
shall not eliminate the responsibility for child support. Each parent shall be responsible for child support based on the
needs of the child and the actual resources of each parent. If a parent would otherwise be unable to maintain adequate housing
for the child and the other parent has sufficient resources, the court may order modified support payments for a portion
of housing expenses even during a period when the child is not residing in the home of the parent receiving support. An order
of joint custody, in and of itself, shall not constitute grounds for modifying a support order.
(7) As used in this section, “joint
custody” means
an order of the court in which 1 or both of the following is specified:
(a) That the child shall reside alternately for specific
periods with each of the parents.
(b) That the parents shall share decision-making authority as to the important decisions
affecting the welfare of the child.
Michigan
divorce statutes 722.27 Child custody disputes; powers of court; support order; enforcement of judgment or order. |
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Michigan divorce statutes § 722.27a
Parenting time. Co-parenting
Sec. 7a. (1) Parenting time shall be granted in accordance with the best interests of the child. It is presumed to be
in the best interests of a child for the child to have a strong relationship with both of his or her parents. Except as otherwise
provided in this section, parenting time shall be granted to a parent in a frequency, duration, and type reasonably calculated
to promote a strong relationship between the child and the parent granted parenting time.
(2) If the parents of a child agree
on parenting time terms, the court shall order the parenting time terms unless the court determines on the record by clear
and convincing evidence that the parenting time terms are not in the best interests of the child.
(3) A child has a right
to parenting time with a parent unless it is shown on the record by clear and convincing evidence that it would endanger
the child's physical, mental, or emotional health.
(4) Notwithstanding other provisions of this act, if a proceeding regarding
parenting time involves a child who is conceived as the result of acts for which 1 of the child's biological parents is convicted
of criminal sexual conduct as provided in sections 520a to 520e and 520g of the Michigan penal code, Act No. 328 of the Public
Acts of 1931, being sections 750.520a to 750.520e and 750.520g of the Michigan Compiled Laws, the court shall not grant parenting
time to the convicted biological parent. This subsection does not apply to a conviction under section 520d(1)(a) of Act No.
328 of the Public Acts of 1931, being section 750.520d of the Michigan Compiled Laws. This subsection does not apply if,
after the date of the conviction, the biological parents cohabit and establish a mutual custodial environment for the child.
(5) Notwithstanding other provisions of this act, if an individual is convicted of criminal sexual conduct as provided in
sections 520a to 520e and 520g of Act No. 328 of the Public Acts of 1931 and the victim is the individual's child, the court
shall not grant parenting time with that child or a sibling of that child to that individual, unless both the child's other
parent and, if the court considers the child or sibling to be of sufficient age to express his or her desires, the child
or sibling consent to the parenting time.
(6) The court may consider the following factors when determining the frequency,
duration, and type of parenting time to be granted:
(a) The existence of any special circumstances or needs of the child.
(b) Whether the child is a nursing child less than 6 months of age, or less than 1 year of age if the child receives substantial
nutrition through nursing.
(c) The reasonable likelihood of abuse or neglect of the child during parenting time.
(d) The
reasonable likelihood of abuse of a parent resulting from the exercise of parenting time.
(e) The inconvenience to, and burdensome
impact or effect on, the child of traveling for purposes of parenting time.
(f) Whether a parent can reasonably be expected
to exercise parenting time in accordance with the court order.
(g) Whether a parent has frequently failed to exercise reasonable
parenting time.
(h) The threatened or actual detention of the child with the intent to retain or conceal the
child from the other parent or from a third person who has legal custody. A custodial parent's temporary residence with the
child in a domestic violence shelter shall not be construed as evidence of the custodial parent's intent to retain or conceal
the
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child from
the other parent.
(i) Any other relevant factors.
(7) Parenting time shall be granted in specific terms if requested by either
party at any time.
(8) A parenting time order may contain any reasonable terms or conditions that facilitate the orderly
and meaningful exercise of parenting time by a parent, including 1 or more of the following:
(a) Division of the responsibility
to transport the child.
(b) Division of the cost of transporting the child.
(c) Restrictions on the presence of third persons
during parenting time.
(d) Requirements that the child be ready for parenting time at a specific time.
(e) Requirements that
the parent arrive for parenting time and return the child from parenting time at specific times.
(f) Requirements that parenting
time occur in the presence of a third person or agency.
(g) Requirements that a party post a bond to assure compliance with
a parenting time order.
(h) Requirements of reasonable notice when parenting time will not occur.
(i) Any other reasonable
condition determined to be appropriate in the particular case.
(9) During the time a child is with a parent to whom parenting
time has been awarded, that parent shall decide all routine matters concerning the child.
(10) Prior to entry of a temporary
order, a parent may seek an ex parte interim order concerning parenting time. If the court enters an ex parte interim order
concerning parenting time, the party on whose motion the ex parte interim order is entered shall have a true copy of the
order served on the friend of the court and the opposing party.
(11) If the opposing party objects to the ex parte interim
order, he or she shall file with the clerk of the court within 14 days after receiving notice of the order a written objection
to, or a motion to modify or rescind, the ex parte interim order. The opposing party shall have a true copy of the written
objection or motion served on the friend of the court and the party who obtained the ex parte interim order.
(12) If the
opposing party files a written objection to the ex parte interim order, the friend of the court shall attempt to resolve
the dispute within 14 days after receiving it. If the matter cannot be resolved, the friend of the court shall provide the
opposing party with a form motion and order with written instructions for their use in modifying or rescinding the ex parte
order without assistance of counsel. If the opposing party wishes to proceed without assistance of counsel, the friend of
the court shall schedule a hearing with the court that shall be held within 21 days after the filing of the motion. If the
opposing party files a motion to modify or rescind the ex parte interim order and requests a hearing, the court shall resolve
the dispute within 28 days after the hearing is requested.
(13) An ex parte interim order issued under this section shall
contain the following notice: NOTICE:
1. You may file a written objection to this order or a
motion to modify or rescind this order. You must file the written objection or motion with the clerk of the court within
14 days after you were served with this order. You must serve a true copy of the objection or motion on the friend of the
court and the party who obtained the order.
2. If you file a written objection, the friend
of the court must try to resolve the dispute. If the friend of the court cannot resolve the dispute and if you wish to bring
the matter before the court without the assistance of counsel, the friend of the court must provide you with form pleadings
and written instructions and must schedule a hearing with the
court.
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Michigan divorce statutes §722.27b
Order for grand parenting time;
Sec. 7b. (1) A child's grandparent may seek a grand parenting time order under 1 or more of the following circumstances:
(a) An action for divorce, separate maintenance, or annulment involving the child's parents is pending before the court.
(b) The child's parents are divorced, separated under a judgment of separate maintenance, or have had their marriage annulled.
(c) The child's parent who is a child of the grandparents is deceased.
(d) The child's parents have never been married, they
are not residing in the same household, and paternity has been established by the completion of an acknowledgment of parentage
under the acknowledgment of parentage act, 1996 PA 305, MCL 722.1001 to 722.1013, by an order of filiation entered under
the paternity act, 1956 PA 205, MCL 722.711 to 722.730, or by a determination by a court of competent jurisdiction that the
individual is the father of the child.
(e) Except as otherwise provided in subsection (13), legal custody of the child has
been given to a person other than the child's parent, or the child is placed outside of and does not reside in the home of
a parent.
(f) In the year preceding the commencement of an action under subsection (3) for grand parenting
time, the grandparent provided an established custodial environment for the child as described in section 7, whether or not
the grandparent had custody under a court order.
(2) A court shall not permit a parent of a father who has never been married to the child's
mother to seek an order for grand parenting time under this section unless the father has completed an acknowledgment of
parentage under the acknowledgment of parentage act, 1996 PA 305, MCL 722.1001 to 722.1013, an order of filiation has been
entered under the paternity act, 1956 PA 205, MCL 722.711 to 722.730, or the father has been determined to be the father
by a court of competent jurisdiction. The court shall not permit the parent of a putative father to seek an order for grand
parenting time unless the putative father has provided substantial and regular support or care in accordance with the putative
father's ability to provide the support or care.
(3) A grandparent seeking a grand parenting time order shall commence an action for
grand parenting time, as follows:
(a) If the circuit court has continuing jurisdiction over the child, the child's grandparent
shall seek a grand parenting time order by filing a motion with the circuit court in the county where the court has continuing
jurisdiction.
(b) If the circuit court does not have continuing jurisdiction over the child, the child's
grandparent shall seek a grand parenting time order by filing a complaint in the circuit court for the county where the child
resides.
(4) All
of the following apply to an action for grand parenting time under subsection (3):
(a) The complaint or motion for grand parenting
time filed under subsection (3) shall be accompanied by an affidavit setting forth facts supporting the requested order.
The grandparent shall give notice of the filing to each person who has legal custody of, or an order for parenting time with,
the child. A party having legal custody may file an opposing affidavit. A hearing shall be held by the court on its own motion
or if a party requests a hearing. At the hearing, parties submitting affidavits shall be allowed an opportunity to be heard.
(b) In order to give deference to the decisions of fit parents, it is presumed in a proceeding
under this subsection that a fit parent's decision to deny grand parenting time does not create a substantial risk of harm
to the child's mental, physical, or emotional health. To rebut the presumption created in this subdivision, a grandparent
filing a complaint or motion under this section must prove by a preponderance of the evidence that the parent's decision
to deny grand parenting time creates a substantial risk of harm to the child's mental, physical, or emotional health. If
the grandparent does not overcome the presumption, the court shall dismiss the complaint or deny the motion.
(c) If a court of appellate jurisdiction determines
in a final and nonappearance judgment that the burden of proof described in subdivision (b) is unconstitutional, a grandparent
filing a complaint or motion under this section must prove by clear and convincing evidence that the parent's decision to
deny grand parenting time creates a substantial risk of harm to the child's mental, physical, or emotional health to rebut
the presumption created in subdivision (b).
(5) If 2 fit parents sign an affidavit stating that they both oppose an order
for grand parenting time, the court shall dismiss a complaint or motion seeking an order for grand parenting time filed under
subsection
(3). This subsection does not apply if 1 of the fit parents
is a stepparent who adopted a child under the Michigan adoption code, chapter X of the probate code of 1939, 1939 PA 288,
MCL 710.21 to 710.70, and the grandparent seeking the order is the natural or adoptive parent of a parent of the child who
is deceased or whose
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parental rights have been terminated.
(6) If the court finds
that a grandparent has met the standard for rebutting the presumption described in subsection (4), the court shall consider
whether it is in the best interests of the child to enter an order for grand parenting time. If the court finds by a preponderance
of the evidence that it is in the best interests of the child to enter a grand parenting time order, the court shall enter
an order providing for reasonable grand parenting time of the child by the grandparent by general or specific terms and conditions.
In determining the best interests of the child under this subsection, the court shall consider all of the following:
(a)
The love, affection, and other emotional ties existing between the grandparent and the child.
(b) The length and quality
of the prior relationship between the child and the grandparent, the role performed by the grandparent, and the existing
emotional ties of the child to the grandparent.
(c) The grandparent's moral fitness.
(d) The grandparent's mental and physical
health.
(e) The child's reasonable preference, if the court considers the child to be of sufficient age to express a preference.
(f) The effect on the child of hostility between the grandparent and the parent of the child.
(g) The willingness of the
grandparent, except in the case of abuse or neglect, to encourage a close relationship between the child and the parent or
parents of the child.
(h) Any history of physical, emotional, or sexual abuse or neglect of any child by the grandparent.
(i) Whether the parent's decision to deny, or lack of an offer of, grand parenting time is
related to the child's well-being or is for some other unrelated reason.
(j) Any other factor relevant to the physical and psychological well-being of the
child.
(7) If the court has determined that a grandparent
has met the standard for rebutting the presumption described in subsection (4), the court may refer that grandparent's complaint
or motion for grand parenting time filed under subsection (3) to alternative dispute resolution as provided by supreme court
rule. If the complaint or motion is referred to the friend of the court for alternative dispute resolution and no settlement
is reached through friend of the court alternative dispute resolution within a reasonable time after the date of referral,
the complaint or motion shall be heard by the court as provided in this section. (8) A grandparent may not file more than
once every 2 years, absent a showing of good cause, a complaint or motion under subsection (3) seeking a grand parenting
time order. If the court finds there is good cause to allow a grandparent to file more than 1 complaint or motion under this
section in a 2-year period, the court shall allow the filing and shall consider the complaint or motion. Upon motion of a
person, the court may order reasonable attorney fees to the prevailing party.
(9) The court shall not enter an order prohibiting
an individual who has legal custody of a child from changing the domicile of the child if the prohibition is primarily for
the purpose of allowing a grandparent to exercise the rights conferred in a grand parenting time order entered under this
section.
(10) A grand parenting time order entered under this section does not create parental rights in the individual or
individuals to whom grand parenting time rights are granted. The entry of a grand parenting time order does not prevent a
court of competent jurisdiction from acting upon the custody of the child, the parental rights of the child, or the adoption
of the child.
(11) A court shall not modify or terminate a grand parenting time order entered under this section unless it finds
by a preponderance of the evidence, on the basis of facts that have arisen since entry of the grand parenting time order
or were unknown to the court at the time it entered that order, that a change has occurred in the circumstances of the child
or his or her custodian and that a modification or termination of the existing order is necessary to avoid creating a substantial
risk of harm to the mental, physical, or emotional health of the child. A court modifying or terminating a grand parenting
time order under this subsection shall include specific findings of fact in its order in support of its decision.
(12) A
court shall make a record of its analysis and findings under subsections (4), (6), (8), and (11), including the reasons for
granting or denying a requested grand parenting time order.
(13) Except as otherwise provided in this subsection, adoption
of a child or placement of a child for adoption under the Michigan adoption code, chapter X of the probate code of 1939,
1939 PA 288, MCL 710.21 to 710.70, terminates the right of a grandparent to commence an action for grand parenting time with
that child. Adoption of a child by a stepparent under the Michigan adoption code, chapter X of the probate code of 1939,
1939 PA 288, MCL 710.21 to 710.70, does not terminate the right of the parent of a deceased parent of the child to commence
an action for grand parenting time with that child.
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Michigan divorce statutes § 722.31
Legal residence change of child whose parental custody governed by court order.
Sec. 11. (1) A child whose parental custody is governed by court order has, for the purposes of this section, a legal
residence with each parent. Except as otherwise provided in this section, 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.
(2) A parent's change of a child's
legal residence is not restricted by subsection (1) if the other parent consents to, or if the court, after complying with
subsection (4), permits, the residence change. This section does not apply if the order governing the child's custody grants
sole legal custody to 1 of the child's parents.
(3) This section does not apply if, at the time of the commencement of the
action in which the custody order is issued, the child's 2 residences were more than 100 miles apart. This section does not
apply if the legal residence change results in the child's 2 legal residences being closer to each other than before the
change.
(4) Before permitting a legal residence change otherwise restricted by subsection (1), the court shall consider each
of the following factors, with the child as the primary focus in the court's deliberations:
(a) Whether the legal residence
change has the capacity to improve the quality of life for both the child and the relocating parent.
(b) The degree to which
each parent has complied with, and utilized his or her time under, a court
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order governing parenting time with the child, and whether the parent's
plan to change the child's legal residence is inspired by that parent's desire to defeat or
frustrate the parenting time schedule.
(c) The degree to which the court is satisfied that, if the court permits the legal
residence change, it is possible to order a modification of the parenting time schedule and other arrangements governing
the child's schedule in a manner that can provide an adequate basis for preserving and fostering the parental relationship
between the child and each parent; and whether each parent is likely to comply with the modification.
(d) The extent to which
the parent opposing the legal residence change is motivated by a desire to secure a financial advantage with respect to a
support obligation.
(e) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
(5) Each order determining or modifying custody or parenting time of a child shall include a provision stating the parent's
agreement as to how a change in either of the child's legal residences will be handled. If such a provision is included in
the order and a child's legal residence change is done in compliance with that provision, this section does not apply. If
the parents do not agree on such a provision, the court shall include in the order the following provision: “A parent
whose custody or parenting time of a child is governed by this order shall not change the legal residence of the child except
in compliance with section 11 of the “Child Custody
Act of 1970”, 1970 PA 91, MCL 722.31.”.
(6) If this section applies to a change of a child's legal residence
and the parent seeking to change that legal residence needs to seek a safe location from the threat of domestic violence,
the parent may move to such a location with the child until the court makes a determination under this section.
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The Michigan
divorce laws that
appear here may not include all provisions of Family Law. Some
editing has occurred. You should consult the code or a Michigan divorce attorney.
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