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Legal Information: Michigan

Custody

Updated: 
March 27, 2024

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)