On behalf of Bebout, Potere, Cox & Bennion, P.C. posted in blog on Wednesday, May 17, 2017.
When you were first divorced, you and your ex-spouse may have done well adhering to the terms of the divorce agreement. However, things change in life and it is not uncommon for couples to revisit the decree in light of issues that later develop.
Courts are very careful in reviewing requests for changes, especially those that affect children, such as your need to move out of the state. An attorney experienced with family law can help you with the modification to your original divorce agreement.
Seeing eye to eye
Your ex may not be happy to hear that you are preparing to move away from Michigan. This, of course, raises child custody issues. However, you are not making your decision frivolously. If you and your spouse cannot agree on the changes you need to make on your divorce decree, your attorney will work with the attorney for your ex to iron out the differences.
Demonstrating need
If the two of you, through your lawyers, cannot come to agreement, a motion will be filed with the court and a hearing will be held. Your attorney will provide evidence that justifies the need for your proposed move and therefore your request for making changes to the decree. The attorney for your spouse may argue against the change; however, if your move is based on a legitimate reason such as a job change or health issue, the judge is likely to grant your request. You may need to provide verification from your employer, a physician or some other professional, depending on the reason for the move.
Keeping the relationships intact
A long-distance move will probably be somewhat traumatic for everyone, especially in view of the fact that the divorce itself brought about a period of major upheaval. Nevertheless, you and the other parent must always keep the welfare of your child in mind. Despite changing circumstances, one of your goals will be to maintain positive parent-child relationships as best you can. Your experienced family law attorney can help you achieve this objective.
