When you have a child with someone who does not share their life with you, challenges arise. Just because a parent has primary custody of a child does not mean that they can move wherever they want, whenever they want. The other child’s parent has a right to live within reasonable distance of the child unless some exceptions apply.
In a recent case, a mother living in Michigan attempted to move her child back to her home country of Pakistan. See, Safdar v. Aziz, Mich. Court of Appeals No 358877 (06/23/22). Although the father did not live in the same state, the Michigan Court of Appeals found that moving the child outside of the country would change the established custodial environment of the child and therefore was not permitted. Therefore, it is not just about proving that a move is in the best interest of the child but also about how that move changes the current established proximity to the other parent.
If you are concerned about obtaining court permission to move your child a significant distance from the other parent’s residence or are concerned that the other parent seeks to do so without proper permission, contact Diana Mohyi Attorney at Law for a consultation.