Can I move 40 miles away to another county if my divorce was filed in a different county?

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Can I move 40 miles away to another county if my divorce was filed in a different county?

My divorce was filed; we have a 5 year-old daughter. I am requesting child support and physical custody. Due to many reasons, I want to move to another city and county closer to my job. The county is about 40 miles away from my current home. There are currently still no temp child support or custody orders in place. Can a judge finalize our divorce if I am living in a different county?

Asked on September 22, 2010 under Family Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Is your divorce contested or uncontested? Did you have an attorney help you?  Did you enter in to a settlement agreement?  The way your question is phrased makes me nervous for you becuase it appears that you may not have had the proper representation to be able answer this question by simply reading your agreement.  Most custody agreements allow a parent to move within a certain amount of miles - the amount really depends on where you live - without it being necessary to go to court to ask to move.  Here is New York attorneys generally put down 50 miles.  That is also becuase it can not be burdensome for the other parent to be able to visit the child or to get the child for visitation.  So your agreemet should have something it in to that effet as well and based upon where you live.  Make sure that it does or will.  And you can ask the court for a temporary order allowing you to move for financial reasons - to work overtime when you do not have your daughter or to advance in your career and for the best interest of your child with a better school district, etc.  It needs to be hprased properly so seek legal help.  Good luck. 


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