In 2001, the Michigan Legislature enacted MCL 722.1. This statute is commonly referred to as “The 100 Mile Rule.” The statute says that, in cases where the parties have joint Legal custody (which is usually the case), then one party can not change the residence of the child/children to a location that is more than 100 miles away from the residence at the time the case was started, unless the other party agrees to the move, or unless the Court approves the move.

However, the statute did not specify whether to use radial miles (calculated by drawing a straight line from the original residence to the new one), or road miles (calculated by using a program like Mapquest to determine the distance in road miles between the two residences). However, in the recent Michigan Court of Appeals case Bowers v. Vandermeulen-Bowers, the Court approved the lower court’s use of radial miles when applying the 100 Mile Rule. The case was issued for publication on March 25, 2008. So, when calculating miles under the “100 Mile Rule,” pull out your rulers and draw a straight line!

If you are involved in a divorce or custody proceeding where either you or the other party wishes to move with the children more than 100 miles away, it is crucial that you have an experienced Family Law Attorney protect your interests. At Dailey Law Firm, we offer free initial consultations to all our prospective clients. Please call our office at 1-866-LAWYER, and we would be happy to schedule and appointment.