A recent Michigan Court of Appeals decision changed physical custody of the parties’ minor child by the Mother to the Father when Mother moved by Ludington to Traverse City. Since the move was less than 100-miles, Mother believed which she did not need to seek the permission of the court to “endorse” the move. She was wrong. At the time of the impending move, Father filed a motion to modify his parenting time due to Mother’s proposed move. The family court conducted an evidentiary hearing on the parenting time along with also also custody issues because the move could have unavoidably transformed one of the parents into a “weekend parent”, along with also also also appeared to affect the “established custodial environment” which the child had in both households.
The court of appeals affirmed the family court along with also also Father currently has custody. Mother could have elected to stay in Ludington, along with also also remain the primary custodial parent of her daughter. Instead, she chose to move to TC along with also also lost physical custody as a result. Thus, sometimes the idea pays to put more emphasis on the best interests of the children than on your own personal along with also also professional goals. This kind of Mother probably thought she could have no problem in taking her child away by the Father. Michigan law allows the custodial parent to move up to 100-miles without the family court judge’s permission.
The case illustrates how legal issues of parenting time along with also also custody blend together along with also also how important the location of the respective parents can be if they cannot agree on these issues along with also also are forced to litigate them in court.
The case can be found at the following link: http://coa.courts.mi.gov/documents/OPINIONS/FINAL/COA/20080408_C280622_31_49O-280622OPN.PDF
Invoking 100-Mile Rule Could Cost a Parent Custody