Michigan child custody law provides specific rules whan a parent wants to change a child’s residence. The Michigan Court of Appeals examined these rules in the case on July 23, 2025 in the case of Foerseter vs. McKinstry Ms. McKinstry argued on appeal that the court improperly analyized the change of residence factors.
100 Mile Rule
The 100 mile rule governs a parent’s request to change a child’s residence more than 100 miles (as the crow flies) from the current legal residence. The 100 mile rule is codified in Michigan Compiled Laws section 722.31.
The 100 mile rule does not apply if:
- the change in a child’s residence is less than 100 miles from the current residence;
- if the other parent consents to the legal residence change;
- if one parent has sole legal custody; or
- to another state (other than Michgian)
Changing a child’s residence to another state
Michigan Court Rule 3.211(C)(1) prohibits a parent from moving with a child outside the state of Michigan without the approval of the court.
Where is a child’s legal residence?
So exactly where is a child’s legal residence? Michigan Compiled Laws section 722.31(1), provides that a child has “a legal residence with each parent”. Simply put, the statute provides that a child has two legal residences, regardless of how parenting time is shared.
The factors anaylized to change a child’s residence
Before permitting a legal residence change otherwise restricted by subsection (1), the court shall consider each of the following factors, with the child as the primary focus in the court’s deliberations:(a) Whether the legal residence change has the capacity to improve the quality of life for both the child and the relocating parent?(b) 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.(c) 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.(d) 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; and(e) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
(MCL 722.31(4)(a)-(e))
Absent consent of the other parent or an order granting one parent sole legal custody, a request to change a child’s residence in Michigan requires a court hearing considering the change of residence factors outlined in MCL 722.31(4)(a)-(e).
As for Ms Mckinstry’s argument on appeal that the trial court improperly anaylized the change of residence factors, the Court of Appeals determined that her complaints were not warranted.
Let it be our privilege to help you manage your situation.
By: Daniel Findling (c) 2025.
Our Core Values
Ph. 248-399-3300 : Email:Daniel@Findlinglaw.com : After hours emergency?+1 (248) 633-8583
I have been exclusively practicing divorce and family law in Michigan for almost 30 years. The attorneys at Findling Law all share the core value of practicing law to help people navigate change in their lives, without compromising principles. We specialize in high socio-economic, high-profile and high-conflict cases, while also working with clients of all backgrounds. We recognize that the most important aspect of the practice of law is the application of the law to your specific circumstances. That is why we provide more free information on divorce and family law than any other Michigan law firm. We want to help you manage your situation. Allow our exceptional legal team to help you navigate the change in your life, without compromising principles.