Staying close to home: New joint custody law puts well-being of children first
Tuesday, January 30, 2001
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Michigan's new law restricting the relocation of divorced parents with joint custody places constraints on an individual's
right to relocate, but the likely result of the law will be good for the state's children.
The law requires a parent wishing to move more than 100 miles to a new home to get permission from his or her ex-spouse
or a judge before relocating. The law seeks to apply the same criteria for divorced parents seeking to move out
of state to those making long distance moves within the state.
Prior to the new law, someone with joint custody who lived along the Ohio or Indiana line needed court approval
to relocate just across the state line, but could pack up and move hundreds of miles away to another place inside
Michigan without a court's permission.
Michigan lawmakers made a wise move in setting some guidelines on the intrastate movements of parents with joint
custody. Children need both parents involved in their daily lives, which is impossible when one parent takes a
child hundreds of miles from where the other lives.
The Michigan branch of the National Organization for Women opposed the legislation and some family law experts
say requiring permission for a 100-mile move imposes unfair constraints on a divorced parent's freedom. What they
are missing is that, in having a child, parents assumed a new responsibility. The law recognizes that obligation
and seeks to provide what is best for the child, not what is best for a parent wishing to move. Parents who divorce
have to make sacrifices when they decide to share custody of a child. Restrictions on their movements can be among
those sacrifices.
Joint custody, in most cases, has been worked out to provide a level of parental involvement from both parents
that is in the best interest of their child. If one parent decides to relocate 100 miles or more from the other,
that balance can be thrown off or maybe severed completely.
In today's mobile society more divorced parents are relocating for better jobs, to further their education or for
a better life -- and in most cases they want to take the children with them. Divorced parents who want to make
long distance moves should be prepared to seek changes to their court-approved joint custody agreements, show proof
that the child would benefit more from moving than staying, or be prepared to stay put.
Parents have a duty to put their children's interest first, but in divorce cases hard feelings and animosities
can intrude. That is why the law allows a judge to intervene if an ex-spouse blocks a move. The court must consider
many factors, including the impact on a child and the amount of time each parent had spent with a child. If a move
is approved, parenting time could be adjusted by the judge to ensure that a relationship with a child is preserved.
There are provisions in the law to protect victims of domestic violence who seek to move for safety. The new law
puts the well-being of the child at the center of joint custody issues, rather than the wants of the parents. That's
the way it should be.
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