Canton, MI asked in Native American Law, Divorce and Family Law for Michigan

Q: Does MI 100 mile law apply to native primary parent needing to move to reservation to afford stable life

Native enrolled mom and 4 kids. I have been a stay at home mom for 11 years. Non native husband/father has worked out of state, has only been in the home 1 week a month, he only provides income and health insurance the entire 11 years. Our reservation is in the upper peninsula. I have raised the kids in our home in the lower peninsula their whole lives. We have been experiencing financial abuse from husband/father. I have 2 years before the youngest child is in school. This last year I have remote job as life insurance agent. It is best for the kids to try to keep them in their home. However I know I can afford to raise the kids on my own at our tribal reservation. If I am granted the home for the kids but find myself not being able to afford it for any number of reasons can the 100 mile custody law stop me from moving myself and kids to the reservation where I know we can afford a stable life on my own? Its my emergency plan and I dont want it taken off the table from us

1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Grand Rapids, MI
  • Licensed in Michigan

A: Assuming you are in the midst of a divorce, you should negotiate this arrangement now. Otherwise, you can later file a motion to change domicile if it becomes necessary to relocate. However, there is a whole host of criteria a judge would need to consider at that time other than just it makes economic sense for you. Being Native would not necessarily change the consideration.

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