Michigan 100 Mile Rule: Custody Relocation Laws

What the 100-Mile Rule Says

Under MCL 722.31, once a custody order is entered in Michigan, a parent cannot move the child's legal residence more than 100 miles from the address where the child lived when the case was filed — unless the other parent consents in writing or the court grants permission.

This restriction applies regardless of direction. A move from Detroit to Grand Rapids (about 150 miles) triggers the rule even though both cities are in Michigan. A move from Detroit to Toledo, Ohio (about 60 miles) also triggers the rule because it crosses state lines. The rule catches both: moves of more than 100 miles within Michigan, and any move out of the state.

The baseline address is where the child lived when the custody action was filed, not the parent's current address. If you've already moved within 100 miles since filing, a second move that pushes the total beyond 100 miles from the original address requires court approval.

Who the Rule Applies To

The relocation restriction applies when the child's custody or parenting time is governed by a court order and a parent seeks to change the child's legal residence. MCL 722.31(2) provides that the restriction does not apply if the order grants one parent sole legal custody. It concerns changing the child's legal residence, not a parent's personal move; a parent with parenting time should not assume they can change the child's residence without complying with the order.

The rule also doesn't restrict a parent from moving personally. You can relocate wherever you want. What you can't do is take the child with you past the 100-mile threshold without consent or court approval. Moving without permission and bringing the child along can result in severe consequences, including a change of custody to the other parent.

Getting Court Permission to Relocate

If the other parent won't consent to the move, you must file a motion with the court and obtain permission before relocating with the child. The court evaluates five statutory factors:

Whether the move has the capacity to improve the quality of life for both the child and the relocating parent. Courts look at the reason for the move — a significantly better job offer, proximity to family support, a lower cost of living, or a safer neighborhood all work in the relocating parent's favor. Moving to be closer to a new romantic partner, without additional quality-of-life improvements, is weaker.

Whether each parent has complied with and used parenting time under the existing order, and whether the move is motivated by a desire to frustrate or interfere with parenting time. If the court suspects the real purpose of the move is to create distance between the child and the other parent, the petition is likely to be denied. Evidence of the relocating parent's past willingness to facilitate the relationship (factor (j) in the best-interest analysis) matters here.

Whether the court can modify parenting time and other arrangements to preserve and foster the child's relationship with each parent, and whether each parent is likely to comply with the modification. A parent with a history of parenting time violations faces skepticism about whether they'll facilitate long-distance parenting time after the move.

Whether the parent opposing the move is motivated by a desire to secure a financial advantage concerning a support obligation. The relocating parent should address this issue directly rather than assuming the distance alone decides the case.

Domestic violence, regardless of whether the violence was directed against or witnessed by the child. A history of domestic violence can affect the court's analysis even when the child was not the direct target or a witness.

The Domestic Violence Exception

MCL 722.31(6) provides a critical safety exception. If a parent needs to relocate to escape domestic violence, they may move temporarily with the child to a safe location until the court makes a determination under the statute. The court then evaluates the relocation under the standard factors.

This exception exists because requiring a victim to remain within 100 miles of an abuser while a motion works through the system creates an unacceptable safety risk.

What Happens If You Move Without Permission

Moving the child beyond 100 miles without consent or a court order is a violation of the custody order. The consequences can be severe:

• The court can order the child returned to the original jurisdiction immediately
• The non-relocating parent can use the unauthorized move as grounds for a custody modification
• The relocating parent's violation of the custody order becomes evidence against them under the best-interest factors — particularly factor (j), willingness to foster the other parent-child relationship
• In extreme cases, the court can change primary physical custody to the non-relocating parent

Courts take unauthorized relocations seriously because they unilaterally disrupt the child's relationship with the other parent and undermine the authority of the custody order.

Planning a Relocation

A successful relocation motion starts with a specific, detailed plan — not just "I got a job offer." You need to show the court exactly how the move improves the child's life, and exactly how you'll maintain the child's relationship with the other parent from the new location.

The Michigan Child Custody & Parenting Plan Guide includes a Domicile Relocation Decision Worksheet that walks through all five statutory factors with specific prompts, helping you build your case documentation and draft a revised long-distance parenting time schedule before filing the motion.

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