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EspañolIf a custody order is already in place, how can I get it changed?
To change a custody order that is already in place, you need to file for a modification of the custody order in court. For the judge to change the order, you have to show there’s “good cause” to do so or there has been a change of circumstances.
The judge will not change the child’s “established custodial environment” unless you present clear and convincing evidence that it is in the best interest of the child. This term looks at the established parent-child relationship rather than the physical environment of the child. Michigan law explains that the custodial environment is established when, as time goes by, the child starts to look to his/her custodian in that environment for:
- guidance;
- discipline;
- the fulfillment of his/her needs; and
- comfort.1
Aside from the established custodial environment, the judge will also consider:
- the factors included in How will a judge make a decision about custody? (“Best interest of the child” standard);
- the age of the child;
- the physical environment; and
- the preference of the custodial parent and the child to continue their current relationship.1
Since this can be complicated, we recommend that you talk to a lawyer about your situation.
1 MCL § 722.27(c)
If there is a custody order in place, can move with my kids?
If you are planning to permanently move with your child, which the law refers to as changing the legal residence of the child,1 there are some things you should consider:
- You don’t need consent from the other parent or authorization from the court if:
- you’re moving within 100 miles from the other parent’s residence;
- the parents’ residences were farther than 100 miles apart when the custody case started;2or
- you have sole custody of your child.3
- You will need the other parent’s consent or court authorization if you want to move farther than a 100 miles from the other parents’ residence.3
If you need court authorization to move with your child, the judge will look at the following factors:
- if the move would improve your child’s quality of life and your own;
- the extent to which both parents have used their court-ordered parenting time with the child;
- the likelihood that you want to move so that the other parent cannot have his/her allotted parenting time;
- if the parenting time schedule can be changed so that the child-parent relationship with the other parent can continue to be maintained and encouraged;
- the likelihood of both parents following (complying with) a modified order;
- if the other parent seems to be opposing the move in order to pay less child support; and
- domestic violence, regardless of whether the violence was directed against or witnessed by the child.4
If you are trying to flee a domestic violence situation, you might be able to move to a safe location with your child while the judge makes a decision on the case.5 However, it’s possible that the judge will order you to move back to the state if s/he eventually denies your request to move.
1 MCL § 722.31(1)
2 MCL § 722.31(3)
3 MCL § 722.31(2)
4 MCL § 722.31(4)
5 MCL § 722.31(6)
What can I do if the other parent took the kids out of state without my permission?
If the court order specifically says that a child cannot be removed from the state, and the other parent takes the kids out of state without your permission or the permission of a judge, you may be able to file for contempt of the custody order.1
If you have a custody/visitation order in place and the other parent tries to hide your child for more than 24 hours in violation of the custody or visitation order, s/he might be charged with parental kidnapping.2 This is true whether the other parent leaves the state with your child or not.
However, the law does allow for the custodial parent to relocate with your child in certain situations. For more information, see If there is a custody order in place, can I move with my kids?
1 MCL § 600.1701(g)
2 MCL § 750.350a(1)
Can a parent who does not have custody have access to the child's records?
Unless there is a restraining order that says otherwise, both parents will have access to the child’s records, even if the child lives with only one parent. Records include, but are not limited to, medical, dental, daycare, and educational records, including notification of school meetings related to your child.1
1 MCL § 722.30
If I move to a new state, can I transfer my child custody case there?
After a final custody order is issued, there may come a time when you and your children move to a different state. For information about how to request to transfer the custody case to a new state, please go to the Transferring a custody case to a different state section in our general Custody page. However, it’s important to keep in mind that you may likely first need to get permission from the court or from the other parent to move your children out of state. Please talk to a lawyer to make sure your plans to move don’t violate your custody order or your state’s parental kidnapping laws.
