Relocation Attorney in Saugatuck, MI
Moving is often a reality of life, whether it is for a job, to be closer to family, to get a fresh start, or for many other reasons. If you are a parent who shares custody, needing or wanting to move with your child can be a highly stressful situation. If you are subject to a Michigan child custody order, you generally cannot simply move your child without taking proper legal steps to ensure compliance with Michigan law and any child custody orders in place.
At Kraayeveld Family Law, our relocation attorneys assist parents in obtaining court approval to relocate regularly. We also represent parents who wish to challenge a relocation in court.
If relocation is on the table and you have a shared custody arrangement, even if you do not have primary physical custody, you need skilled legal representation from the start. Contact our child custody relocation attorneys or call (616) 383-2679 for assistance in the Saugatuck area today. We are ready to assess your options and stand up for your parental rights. Our office is conveniently located at 990 Monroe Ave. NW Grand Rapids, MI. Feel free to visit us for a case evaluation!
Why You Need Our Parental Relocation Attorneys in Saugatuck
The law requires court oversight of parental relocation to protect the child’s best interests. Obtaining the court’s permission to relocate is not always an easy process. You must approach relocation properly and with the proper legal representation so that you can present the strongest case possible from the start.
Kraayeveld Family Law has been serving families in Saugatuck and across Michigan for over 30 years, representing parents in a wide range of child custody-related matters, including relocation. We can present a persuasive case in favor of or against the proposed relocation, depending on your circumstances and what is best for your child.
During your case, our family law attorneys can:
- Consult with you regarding your reasons for relocation or why you oppose relocation, and begin to tailor a personalized approach to your goals and concerns
- Gather persuasive evidence to support your position and assertions regarding the proposed relocation
- Clearly communicate your parental rights and responsibilities under Michigan law and your custody arrangement
- Provide support and attention during a stressful and transitional period in your and your child’s lives
- Prepare and file all court petitions with all supporting documents and evidence
- Advocate for your relocation position in court, demonstrating why it is in the best interests of your child
Our focus at Kraayeveld Family Law is solely on family law, and our team of experienced lawyers is known for going the extra mile for Michigan families. With so much at stake in relocation matters, you need an attorney fully dedicated to protecting your future.
As tenacious litigators, we are not afraid to fight for your rights and interests in relocation cases. We understand the common challenges such situations pose and are committed to providing the support and guidance you need to successfully achieve your goals and protect your parental rights.
We take relocation cases seriously, as we know they are serious matters for you and your child. Our legal team will always respond to your inquiries and concerns promptly, ensuring you have peace of mind during stressful times.
Relocation and Child Custody: What Is the 722.31 Law in Saugatuck, Michigan?
In Michigan, parental relocation and custody matters are governed by Section 722.31 of the Michigan Compiled Laws. The statute outlines the legal requirements parents must follow when seeking to move with their child to a new location.
When parents share custody, they must have one of the following to lawfully relocate with a child:
- The other parent’s consent and a modified custody order
- A court order granting the relocation and a modified custody order
It is important to understand the provisions of the law and how it could impact your relocation case. Our relocation lawyers know the law and stand ready to skillfully apply it to your circumstances.
How Far Can a Parent Move Away While Staying in State?
When you or your child’s other parent wants to move your child’s legal residence over 100 miles away, you must comply with the law by obtaining either court approval or agreement from both parents. That is true even if you are staying in the state.
However, the requirement might not apply if the parents already live more than 100 miles apart, and the relocation is still within the state of Michigan. It may also not be an issue if the relocating parent has sole custody of the child and the other parent does not spend any time with the child.
The Saugatuck relocation attorneys at Kraayeveld Family Law are ready to review the specifics of your family’s situation and advise you on the required legal process.
Issues Arising When a Parent Wants to Relocate to Another State
Relocating to another state with a child is usually more complicated than an intrastate move. In such cases, an agreement from the other parent is not sufficient. You must get the court’s approval to move the child’s legal residence out of state. That is true even if the move is just over the Michigan border.
Because you will need to seek a court order, the right legal representation from an experienced litigator is critical.
What Happens When the Other Parent Will Not Consent to the Move?
If the other parent does not consent to the relocation, the relocating parent must petition the court for permission to move with the child. The court will then consider whether the move is in the best interests of the child.
Our child relocation lawyers are skilled in presenting compelling arguments to the court to support your relocation request or oppose the other parent’s request.
How to Prove Relocation Is in the Best Interests of the Child
Proving that a proposed move is in the best interests of the child is necessary to obtain court approval for a move in many situations.
According to Section 722.31, the factors the court considers regarding a child’s best interests include:
- Whether the legal residence change has the capacity to improve the quality of life for both the child and the relocating parent.
- The degree to which each parent has complied with, and utilized his or her time under, a court order governing parenting time with the child, and whether the parent’s plan to change the child’s legal residence is inspired by that parent’s desire to defeat or frustrate the parenting time schedule.
- The degree to which the court is satisfied that, if the court permits the legal residence change, it is possible to order a modification of the parenting time schedule and other arrangements governing the child’s schedule in a manner that can provide an adequate basis for preserving and fostering the parental relationship between the child and each parent; and whether each parent is likely to comply with the modification.
- The extent to which the parent opposing the legal residence change is motivated by a desire to secure a financial advantage with respect to a support obligation.
- Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
The legal team at Kraayeveld Family Law can gather the necessary evidence and present a strong case demonstrating why the relocation is beneficial for your child or not.
Get Help from Our Saugatuck Parental Relocation Lawyers
If you are considering a parental relocation in Saugatuck, Michigan, do not hesitate to reach out to our team of experienced child custody attorneys at Kraayeveld Family Law. Our law firm is trusted throughout West Michigan for our quality family law services, and we are dedicated to putting your family’s future first. Our team is known for being tenacious litigators, team players, and brutally honest advocates for our clients.
Contact us today to schedule a consultation with our Saugatuck relocation lawyers. Let us help you pursue the best solution for your family’s needs during a proposed move.