Removal from the State

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cheap moncler jackets sale Today society is extremely mobile. The economy in Michigan, for moncler sale outlet example, is forcing some parents to relocate to states where suitable employment is available. In addition, divorced parents are increasingly likely to look at an online dating services for introductions to suitable new mates. Very often, a marriage to someone met on line results in relocation of a parent. What happens if the remarried parent wants to move with the children? Does it matter if that parent has sole legal custody? How about cases where the parents share joint legal and joint physical custody? What if they share joint legal custody, but the parent wanting to relocate has primary physical custody? cheap moncler jackets sale

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moncler jackets outlet On August 21, 2007, in Spires v Bergman, the Michigan Court of Appeals decided in an opinion for publication that where a parent has sole legal custody of the child at the time of the proceedings, the so called “100 Mile Rule” does not govern that parent’s request to change the child’s domicile. As a result, the trial court properly declined to consider the factors of MCL 722.31(4). moncler jackets outlet

moncler outlet jackets In deciding this case and in interpreting the statute, the COA said that when the Legislature codified Michigan’s usage of the D’Onofrio factors, it concurrently chose to expressly exempt custody cases in which the relocating parent has sole cheap moncler sale legal custody. moncler outlet jackets

moncler sale outlet The father in Spires argued that even if the statute did not apply, the trial court was required by common law to consider the D’Onofrio factors [1] in all change of domicile matters, even those where one parent had sole legal custody. The COA rejected this argument, holding that the plain language of MCL 722.31(2) has altered this practice. Thus, the statute exclusively controls when and whether a court is required to use of the D’Onofrio factors in change of domicile cases. Since the statute expressly exempts cases where one parent has sole legal custody from the D’Onofrio factor consideration.[1] The so called D’Onofrio factors or test were adopted in Michigan case law in 1984 from the D’onofrio v D’Onofrio case that had earlier been decided in New Jersey. Under the D test, the trial court must consider: (1) whether the prospective move has the capacity to improve the quality of life for both the custodial parent and the child; (2) whether the move is inspired by the custodial parent desire to defeat or frustrate visitation by the non custodial parent and whether the custodial parent is likely to comply with the substitute visitation orders where he or moncler sale she is no longer subject to the jurisdiction of the courts of this state; (3) the extent to which the non custodial parent, in resisting the move, is motivated by the desire to secure a financial advantage in respect of a continuing support obligation; and (4) the degree to which the court is satisfied that there will be a realistic opportunity for visitation in lieu of the weekly pattern which can provide an adequate basis for preserving and fostering the parental relationship with the non custodial parent if removal is allowed. Subsequently, the Michigan Legislature codified this test (made it law) and added one more factor: “Domestic violence, regardless of whether the violence was directed against or witnessed by the child.” moncler sale outlet

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moncler outlet sale With over 40% of marriages ending in divorce, the battle for child custody and support are among the most common and contentious disputes heard by our nation courts. What do judges look at when making custody and child support decisions? Do moms get an unfair advantage? moncler outlet sale

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