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LBH, the court's permission to remove the child from the state is required because, as stated in the Blog post, "in Michigan, a court rule MCR 3.211(C)(1) requires that all custody and parenting time orders contain a provision preventing a change a child's residence from Michigan unless the parents agree or the Court approves the move."

Thus, if you cannot get written permission from the other parent for the move to submit to the Court in the form of an amended parenting time order, then you need the court's permission. This means that you have to file a motion for the removal. If you have sole legal and sole physical custody, under the facts you give, the court would almost certainly grant permission.

I agree with your suggestions about arranging the parenting time to accommodate the child's developmental stages. However, if you cannot get a written agreement from the other parent, then you'll have to propose what you feel is best and ask the judge to change the parenting time schedule to accommodate the parent-child relationship. You could propose a schedule that is for pre-school and one that is for after the child begins school.

I am a little confused and have 2 questions. (1)If a parent was granted and has sole legal and physical custody of the child and the 100 mile rule does not apply, then why is it still required to obtain permission from the court to move the child out of state? (2)Also, does the age of the child come into play when developing an out of state visitation schedule? In this case, the child is less than 1 1/2 yrs. old. How can an out of state visitation schedule be set to allow such a small child to be a long distance away from their sole custodian for extended periods of time. The parents were never married or lived together, therefore the non-custodial parent did not participate in the care taking of the infant for the first year. There is no court ordered parenting time schedule through the Friends of the Court, only a verbal agreement between the parents which continuously has be adjusted to accommodate the non-custodial parent, who is also behind in child support. The desire is not to keep the non-custodial parent from having visitation, but it seems the schedule would be different than for a school age child.

The 100-mile rule would not apply to your move. However, your judgment of divorce will also contain the standard provision that you may not move your child from Michigan without the prior approval of the court. Since the distance between Colorado and Michigan and between Colorado and Florida is not much different, I cannot imagine a court would deny you the right of removal. You do need to file a motion for permission to remove your daughter from Michigan, though.

Okay. I have a question about the 100 mile rule.

When the divorce was granted, my ex spouse was physically in Colorado because he is in the military. Although he is legal resident of Michigan, he has not been to Michigan for a very long time either. Even the divorce was defaulted because he did not show up at any of the trials.
I'm trying to move out of Michigan as my fiance is from Florida. My ex spouse and I have joint legal custody and I have sole physical custody.

I'm not sure if 100 mile rule still applies in my case and I need to get an order approving that I can move with my daughter since he was physically way over 100 miles away when the divorce was granted although we have joint legal custody? The divorce decree does mention the 100 mile rule.

Thank you!

"Why wouldn't a court of law embrace a man that wants to share in their child's life other than a monthly check?"

MONEY

Well I am again astounded at the inadequate people of our "F.O.C" which we all know - that is their only friend- I have court papers that state one thing about parenting time- and the definition that is found in the same FOC handbook says parenting time is a parents time set aside for the children- but when my ex-husband does not show up to facilitate his time and I do not force the kids to go with his family during his time- I am told I am denying "HIM" parenting time. How can the law be written one way in black and white- and then bastardized by the same FOC that is supposed to enforce it?? Then there is the same Court Order- signed by a judge- that only select bits and pieces are enforced and the rest I am told is not enforceable. How do I get the FOC to uphold all of the order- including communication between my ex and I about the children's medical needs and school activities? I am finding it more and more difficult to believe that this court has "the best interest of the children "in mind when they tell me "we can't make him talk to you" when it clearly states that we must about our children and their needs- keep in mind- this is Isabella county..

I'm living a nightmare I thought could never happen. My son fighting for the right to have visitation with his infant daughter or joint legal custody. He has exhausted his finances and now is representing his self in court Friday. She has painted a picture of a monster to the court and all because she is bitter and hates my son. They both made mistakes in their marriage but does the little child have to pay the cost? I am guilty for having my head in the sand until it sat on my doorstep. Will fathers ever get a fair shake? Why wouldn't a court of law embrace a man that wants to share in their child's life other than a monthly check?

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