Physical Custody,

  • I have physical custody of my minor children, but my ex and I share legal custody. Can I move with my children from Grand Rapids to Petoskey?

    Only with permission from your ex or, if your ex does not agree, with permission from the court. Michigan law presumes that your children have a legal residence with both parents. Because you share legal custody of your children with your ex, you can only move more than 100 miles from that residence if your ex agrees, or if not, with a court order granted after a hearing.

    On the other hand, if you had sole legal custody of your children, you could move more than 100 miles without permission from your ex and without court order.

  • What is the difference between legal custody and physical custody?

    Legal custody pertains to your right as a parent to make important life decisions for your children. These decisions can include medical treatment, choice of religion, and choice of schools.

Mike Toburen - Attorney at Law   

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Attorney Mike Toburen

(616) 425-9212
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230 Fulton St E, Suite 7
Grand Rapids, MI 49503

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