100-Mile Rule

Question 1

When do you discuss the 100-mile rule?

Answer 1

When parents live within 100 miles of each other at the time the case is commenced. Then, one parent wants to move away (This rule prevents a parent from randomly moving far away with the children without making sure that it is in the best interest of the child)

Question 2

100 mile rule - What happens if the parents share joint custody?

Answer 2

A full evidentiary hearing is available to the party that opposes the change in residence.

Question 3

100 mile rule - what happens if the parties do NOT share joint custody?

Answer 3

A full evidentiary hearing is not required, however, the person seeking to move must still seek approval from the judge

Question 4

What is the 100-mile rule? How do you get around the rule?

Answer 4

The statute prohibits a parent from moving more than 100 miles from the legal residence at the time the case began.

Either get the court’s permission or the other parties consent.

Question 5

What factors will the court consider at a hearing pertaining the 100-mile rule? What standard applies?

Answer 5

(DRIFT) - The party who wants the change must prove the beneficial nature of the move by a PREPONDERANCE OF THE EVIDENCE.

Domestic Violence

Relationship/Ability to preserve/foster the parental relationship

Improve the quality of life

Frustrate parenting time schedule?

The motive? Is it to gain a financial advantage for child support?

Question 6

What do you discuss after a 100-mile rule analysis?

Answer 6

Whether there is an established custodial environment and if the move is in the BIOC.