When a parent with custody or parenting time wants to move, especially out of state, it can significantly affect the child custody arrangement. In Minnesota, the law prioritizes the best interests of the child when deciding whether relocation is allowed.
At Martine Law, we help parents navigate relocation requests and disputes to protect both their rights and their children’s well-being.
Minnesota’s relocation law
Under Minnesota Statute § 518.175, Subd. 3, a parent cannot move a child’s residence to another state without:
- The consent of the other parent (if they have parenting time), or
- Permission from the court
This rule applies even if you have primary physical custody.
Factors the court considers for relocation
When deciding whether to allow relocation, Minnesota courts look at:
- The reason for the move (job opportunity, remarriage, family support, safety)
- The child’s relationship with each parent
- The impact on the child’s educational, emotional, and social development
- The feasibility of maintaining a strong relationship with the non-moving parent
- Any history of domestic abuse by the other parent
- The child’s preference, depending on age and maturity
The primary focus is always whether the move supports the child’s best interests.
Relocation with sole vs. joint custody
- Sole physical custody: The moving parent still needs the other parent’s consent or court approval to relocate out of state.
- Joint physical custody: Relocation can be more complex because both parents have substantial time with the child.
Even moving a significant distance within Minnesota can sometimes require modifications to the parenting plan.
When relocation is contested
If the other parent objects to the move, the court will hold a hearing. Both sides present evidence, and the judge decides based on the child’s best interests.
Your Minnesota child custody lawyer can help you:
- Show that the move benefits the child’s quality of life
- Propose a revised parenting time schedule
- Address transportation and cost-sharing for visits
- Challenge the other parent’s objections when appropriate
Modifying the custody order due to relocation
If the court approves the move, the custody order and parenting plan may be updated to reflect:
- New visitation schedules (longer but less frequent visits, virtual calls)
- Changes to decision-making responsibilities
- Travel arrangements and cost allocation
These modifications are legally binding and enforceable.
Key takeaways
- A parent cannot move a child out of Minnesota without consent or court approval.
- The court’s primary concern is the child’s best interests.
- Relocation can lead to changes in custody and parenting time arrangements.
- Legal representation is critical when requesting or opposing a relocation.
Planning a move or facing a relocation dispute?
We help parents protect their rights and their children’s well-being during custody changes.
Contact Martine Law for a confidential consultation.