CHANGE OF DOMICILE IN MICHIGAN

Domicile Attorney In Farmington Hills, MI

Our unique advantage is our financial and strategic planning.

Domicile is another term for residence.

As you can imagine if you have a child(ren) with someone where both of you live is important. There are rules if you relocate. The body of law known as Change of Domicile sets out the requirements. This can be very complicated and hotly contested. We recommend you contact us well in advance of any move, in or out of state.

What Factors Are Considered By the Court?

At the hearing the court must consider each of the following factors:

  • 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 used his or her parenting 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 to 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 regarding a support obligation; and
  • Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
However, many "Change of Domicile" Motions result in a change in circumstances requiring a Change of Custody Hearing, also known as a best interest hearing. You need an experienced litigator. Tim Ash has tried and won over 90% of the custody and change of domicile cases tried in front of a court.

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