Invoking 100-Mile Rule Could Cost a Parent Custody
The court of appeals affirmed the family court and Father now has custody. Mother could have elected to stay in Ludington, and remain the primary custodial parent of her daughter. Instead, she chose to move to TC and lost physical custody as a result. Thus, sometimes it pays to put more emphasis on the best interests of the children than on your own personal and professional goals. This Mother probably thought she would have no problem in taking her child away from the Father. Michigan law allows the custodial parent to move up to 100-miles without the family court judge's permission.
The case illustrates how legal issues of parenting time and custody blend together and how important the location of the respective parents can be if they cannot agree on these issues and are forced to litigate them in court.
The case can be found at the following link: http://coa.courts.mi.gov/documents/OPINIONS/FINAL/COA/20080408_C280622_31_49O-280622OPN.PDF