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What is the 100 mile rule?

| Mar 11, 2021 | Child Custody

Getting a divorce is emotionally taxing and legally frustrating. Undergoing a divorce in the state of Michigan comes along with its own laws that you’ll need to follow. One of these laws is the 100 mile rule. If you have children, then you’ll want to be knowledgeable regarding this rule.

Dealing with child custody

Getting a divorce is difficult enough. Throwing in child custody on top of that can be even more stressful. The goal of child custody when divorce happens is to provide a safe and comfortable environment for the children. The 100 mile rule helps to ensure that both parents are close to their child when a divorce occurs.

When you first file your case with the family court, you’ll have to notate the address of the children. This is the address that is used for the 100 mile rule. The 100 mile rule states that you must get a judge’s permission to move your child more than 100 miles from the original address that you supplied. This applies to both parents who are seeking custody of the children regardless of who currently has custody.

What are the exemptions

As with many laws, there are always some exemptions. In this case, there are four main exemptions from the 100 mile rule. First, if you have sole legal custody of the child, you may move wherever you would like. Second, if the other parent who has custody agrees to the move, which is over 100 miles, the other parent is exempt from the 100 mile rule. The third exemption is if you and the other parent are already living more than 100 miles apart when the court case starts. Fourth, if your new home would be closer to the other parent’s home, then you’re exempt from the 100 mile rule.

The 100 mile rule is one of Michigan’s child custody law that every parent should be aware of. While there are exceptions, most cases are governed by this law. If you need assistance with understanding it more, it’s a good idea to contact a lawyer to help you.