If I move to a different county in the same state, does a judge still have jurisdiction over my divorce?
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If I move to a different county in the same state, does a judge still have jurisdiction over my divorce?
I filed my divorce in one county and I am thinking about moving 25 miles from there to anothercounty. We have a minor child together but there has not been an agreed upon settlement on custody or child support. The friend of the court recommended that I get full custody and that I could move but no more than 100 miles. If I move to a different county, will the judge at the county I filed have jurisdiction and be able to finalize my divorce and will it affect custody for my daughter?
Asked on October 22, 2010 under Family Law, Michigan
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In order for a court to have jurisdiction over you and your case in an action for divorce, states require that you be residents of the state- and counties require that you be residents of the county - for a certain period of time priorto the filing of the action. Once you have submitted to the jurisdiction you can move and still maintain your action. But why are you moving at this point in time? Is it for work? Then I might ask your attorney about asking the court's permission to move and give a good reason. If you receive full custody of your child it will effect her life and her schooling, etc., and I would throw it out there now before it is used against you. Generally divorce decrees do give mileage restrictions about moving and that has to do with it not being too burdensome for the non-custodial parent to see the children. Ask your attorney what the best strategy is here at this point. Good luck.
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