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A parent’s plan to relocate out of Minnesota does not automatically change custody or authorize moving the child. If the other parent has parenting time under the decree, section 518.175, subdivision 3, requires consent or court permission before the parent with whom the child resides moves the child’s residence to another state. Giving notice is not the same as obtaining permission.
The next step is to review the existing order, identify the proposed moving date, and determine whether the child would move or only the adult parent. Those facts shape the request and the response.
Is there a universal 60- or 90-day relocation notice rule?
Section 518.175, subdivision 3, does not establish a blanket 60- or 90-day advance-notice period for every relocation. Your decree, parenting plan, court rules, and the particular proceeding may impose requirements that must be checked.
Do not use a general article as a substitute for reading the order and applicable filing or service instructions. Even timely notice does not replace required consent or court permission.
What if you are the parent proposing the move?
Prepare the details before asking for agreement or relief:
- Whether the child would change residence.
- The proposed destination and realistic moving date.
- The reason for the move and supporting information.
- Housing, school, childcare, and relevant services.
- A revised parenting calendar and transportation plan.
- The expected costs and how you propose to allocate them.
A vague announcement leaves the other parent and court unable to evaluate the effect on the child. Avoid commitments that assume permission before the issue is resolved.
What if the other parent announces a move?
Obtain the actual proposal and compare it with the order. Identify whether the proposal concerns an adult move, the child’s residence, a temporary trip, or a new school arrangement.
Seek prompt advice about deadlines and the appropriate response. Explain the concrete effect on caregiving, school, transportation, and the child’s relationship with each parent. Do not assume silence will protect your position or that every announcement automatically transfers custody.
What does the court evaluate?
The out-of-state relocation provision uses a specific best-interest analysis. It addresses the child’s relationships and needs, the feasibility of maintaining contact, the reasons for and against the move, potential benefits, and domestic-abuse concerns, among other listed factors.
The parent requesting the move ordinarily has the burden of proof. The statute shifts that burden when the court finds the requesting parent was a victim of domestic abuse by the other parent.
For the complete framework, see our Minnesota relocation factors guide. A job offer or preferred location does not alone guarantee approval.
What if the parents agree?
Make the agreement specific and obtain advice about documenting consent and entering any needed revised order. Address more than the destination: include schedules, exchanges, travel costs, school decisions, and communication.
Consent to a move is not necessarily agreement to every related custody change. Identify unresolved issues rather than relying on an assumption that they will work themselves out later.
What if the court grants permission?
Read the signed order and follow its actual terms. Confirm the authorized residence change, effective dates, revised schedule, transportation duties, and any conditions.
Permission to move should not be assumed to change legal custody or eliminate existing safety restrictions. Our relocation order-review checklist explains the provisions that deserve attention.
What if permission is denied?
Denial of the child’s relocation request does not itself supply a new custody arrangement. If an adult still plans to move, the effect on the child’s residence and parenting schedule requires further legal analysis.
Section 518.18 addresses custody modification, including a provision involving a parent seeking to relocate the child’s primary residence after permission to move the child to another state has been denied. Do not assume that custody automatically transfers without the required process and findings.
Review the ruling promptly with counsel, including available next steps and any deadlines. Do not move the child contrary to the order while deciding what to do.
What if only the adult parent moves?
An adult’s move and moving the child’s residence are different questions. Even when the child stays, distance may make the existing parenting calendar impractical.
Evaluate transportation, school-day exchanges, holiday time, and the child’s needs. Seek appropriate revised terms rather than treating travel difficulty as automatic permission to miss or replace ordered time.
Can video calls solve the parenting-time problem?
Remote contact can be part of a proposal, but it is not an automatic substitute for in-person time. Explain how it fits with actual visits, the child’s age and needs, and any applicable restrictions.
A workable long-distance plan should address travel logistics and costs, not just promise frequent calls.
What if the child is moved before the issue is resolved?
Obtain prompt legal advice with the current order, known location, and relevant communications. The appropriate response depends on the orders, facts, and jurisdiction. Do not resort to an unauthorized retrieval plan or retaliatory conduct.
If there is an immediate safety emergency, call 911. Keep emergency safety issues distinct from ordinary disagreement about the proposed move.
Frequently asked questions
Does sending 90 days’ notice give permission to move?
No. Notice does not replace consent or court permission when required. Check the actual order and applicable procedures.
Does sole physical custody let me move the child automatically?
No automatic exception follows from that label. The other parent’s parenting time under the decree and the governing law still matter.
Does denial of relocation automatically give custody to the other parent?
No. A custody change requires the applicable legal process and findings; it is not an automatic consequence of the denial alone.
Should I respond before the proposed moving date?
Seek advice promptly rather than waiting. The required process and deadlines depend on the order and proceeding.
Evaluate the proposal and the next court step
Martine Law PLLC provides family-law services under the Martine Law brand. Request a consultation and bring the decree, proposed relocation details, and any notices or hearing dates.
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This page provides general information about Minnesota law, not legal advice for your particular case.
For an overview of the law and how we help, see our Minnesota child custody and parenting time page.
