Experienced Lawyers for Changes of Domicile in Oakland County, MI
Domicile is another term for residence. Most judgments and orders involving children contain provisions that state that a party must obtain the court’s approval before they can move the child out of state or more than 100 miles from the child’s legal residence at the time of the commencement of the action in which the order is issued. Court approval can be obtained by stipulation and agreement between the parties or by order of the court after a hearing on the issue.
We represent clients in 9 counties: Oakland, Macomb, Wayne, Washtenaw, Livingston, Monroe, Genesee, Lapeer and St. Clair.
At the hearing the court must consider each of the following factors:
Whether the legal residence change has the capacity to improve the quality of life for both the child and the relocating parent;
The degree to which each parent has complied with, and utilized his or her parenting time under, a court order governing parenting time with the child, and whether the parent’s plan to change the child’s legal residence is inspired by that parent’s desire to defeat or frustrate the parenting time schedule;
The degree to which the court is satisfied that, if the court permits the legal residence change, it is possible to order a modification of the parenting time schedule and other arrangements governing the child’s schedule in a manner that can provide an adequate basis for preserving and fostering the parental relationship between the child and each parent; and whether each parent is likely to comply with the modification;
The extent to which the parent opposing the legal residence change is motivated by a desire to secure a financial advantage with respect to a support obligation; and
Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
What To Do If The Parties Cannot Agree
If the parties cannot mutually agree on a change of domicile, then a motion for change of domicile must be filed with the court.
Thorough preparation for a change in domicile motion and hearing is vital for success.
Why Choose The Law Firm of Victoria, P.C. for Your Domicile Needs?
When it comes to domicile and family law matters, having the right legal representation can make all the difference. At The Law Firm of Victoria, P.C., we pride ourselves on our personalized approach and commitment to our clients. Our experienced attorneys understand the emotional and financial complexities involved in domicile disputes and are dedicated to providing you with the support you need during this challenging time.
Here are a few reasons why clients in Birmingham and the surrounding areas trust us with their domicile cases:
Proven Track Record: Our firm has successfully represented numerous clients in domicile cases, achieving favorable outcomes through negotiation and litigation.
Tailored Legal Strategies: We take the time to understand your unique circumstances and develop a legal strategy that aligns with your goals and priorities.
Compassionate Support: We recognize that domicile issues can be emotionally taxing. Our team is here to listen, provide guidance, and advocate for your best interests.
Transparent Communication: We believe in keeping our clients informed every step of the way. You can expect clear and open communication throughout your case.
Community Focus: As a local firm, we are deeply invested in the Birmingham community and understand the specific legal landscape of Southeast Michigan.
Choosing the right attorney can significantly impact the outcome of your case. Let us help you navigate the complexities of domicile law with confidence. Contact us today to schedule a consultation and take the first step toward resolving your legal matters.
Seek Counsel from Our Custody Lawyers Located in Birmingham, MI
The party seeking the change of domicile must prove by a preponderance of the evidence that the change of domicile is warranted and if the change of domicile will affect the child’s established custodial environment then by clear and convincing evidence that the change of domicile is in the best interest of the child. Our attorneys are experienced in handling change of domicile motions and will work with you to provide the court with the evidence necessary to meet the burden of proof required.
We Are Committed to Providing Thorough & Competent Legal Representation
We Have Free, Weekly and Completely Confidential Seminars
We Offer Private, Discreet, and Confidential Consultations
We Have Represented and Counseled Over 15,000 People
Our Attorneys Have Over 100 Years of Combined Experience
We Represent Clients in Divorce & Other Family Law Matters
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