I thought I would check on the status of Spires v Bergman, Court of Appeals Docket No. 276722. In this paternity case, the mother had sole legal and sole physical custody and was granted permission by the trial court to relocate to another State.
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.
The father claimed on appeal, among other things, that the trial court was obliged to apply the 100-mile rule and to deny the relocation motion. He also claimed that the trial court should have considered the D'onofrio factors before granting the order.
The trial court affirmed the trial court's decision that the 100-mile rule did not apply because the mother had sole legal custody. This is in accord with the statute, MCL 722.31.
An application for leave to appeal was filed on October 2, 2007. The Michigan Supreme Court denied leave on November 27, 2007. Docket No. 134977.
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