Relocating after a divorce or custody order can take a toll on your emotional health, especially when your children are involved. However, in Minnesota, parents cannot simply move with their children if the relocation will impact the other parent’s parenting time.
The court takes relocation seriously and will always consider the child’s best interests before approving any relocation.
If you are planning a move or your co-parent is trying to relocate and you are not sure what to do, you need to understand your rights and the legal process before taking action. Contact a lawyer who can guide you through this process.
Understanding Minnesota’s Relocation Laws
Under Minnesota Statute § 518.175, a parent with court-ordered custody must obtain permission from the other parent or the court before moving a child out of state. The law is designed to protect the child’s relationship with both parents and ensure that relocation does not disrupt their well-being.
A parent cannot simply move away because it is convenient. If the other parent does not agree to the relocation, the moving parent must file a motion with the court and request permission.
Factors the Court Considers When Deciding on Relocation
When a relocation dispute goes to court, the judge evaluates whether the move serves the child’s best interests. The court looks at several factors, including:
- Reason for the Move: Is the relocation for a better job, educational opportunities, or to be closer to family?
- Child’s Relationship with Each Parent: How involved is each parent in the child’s life?
- Impact on Parenting Time: Will the move interfere with the other parent’s ability to spend time with the child?
- Child’s Adjustment: How will relocation affect the child’s schooling, community ties, and emotional stability?
- Domestic Violence History: If there has been abuse, the court may weigh that factor when deciding whether relocation is in the child’s best interests.
If you have a case of domestic violence and think that it can affect your relocation, please contact a criminal defense lawyer.
When Relocation Is More Likely to Be Approved
A court is more likely to grant relocation when:
- The moving parent can show that the move will significantly improve the child’s quality of life.
- The other parent has limited involvement or has not exercised their parenting time consistently.
- The moving parent offers a detailed plan for maintaining the child’s relationship with the other parent through virtual visits and extended parenting time during school breaks.
When Relocation May Be Denied
Relocation is not always approved. A court may deny a move if:
- The relocation appears to be an attempt to interfere with the other parent’s relationship with the child.
- The move would significantly reduce the other parent’s ability to have meaningful parenting time.
- The moving parent does not have a solid plan for the child’s schooling or housing in the new location.
What If You Need to Move Within Minnesota?
If you are moving within Minnesota, you typically do not need a court order unless the move significantly affects the parenting time schedule. However, it is still a good idea to give the other parent reasonable notice and work together to adjust your parenting plan if necessary.
How to File a Relocation Motion
If the other parent does not agree to the relocation, the moving parent must:
- File a motion with the district court that issued the custody order.
- Serve the other parent with notice of the motion and hearing date.
- Prepare evidence supporting why the move is in the child’s best interests.
Because relocation motions can be contentious, it is crucial to work with an experienced Minnesota Child Custody Lawyer to build a strong case.
Challenges and Disputes in Relocation Cases
Relocation cases can be highly emotional. The non-moving parent may argue that the move will harm their relationship with the child, while the moving parent may feel it is necessary for their family’s future. These disputes often require court hearings, expert testimony, and detailed parenting plans.
Why You Need a Lawyer for Relocation Cases
Relocation cases involve complex legal standards and require strong evidence to convince the court. An experienced Minnesota Family Law Attorney can:
- Evaluate your case and explain your options.
- Help you file the correct motion and serve notice properly.
- Gather and present evidence showing the move is in your child’s best interests.
- Represent you in court hearings and negotiate parenting time adjustments.
Having a lawyer ensures that your case is presented clearly and that your parental rights are protected throughout the process.
Key Takeaways
- You cannot move a child out of state without the other parent’s consent or a court order.
- The court will consider whether relocation is in the child’s best interests.
- If the other parent objects, you must file a motion and present evidence to the court.
- Legal representation is essential for protecting your rights and your child’s future.
Need Help With a Relocation Case in Minnesota?
Relocation cases can be stressful, but you do not have to face them alone. The team at Martine Law is here to help you protect your parental rights and your child’s best interests. Call us today or contact us online at Martine Law to schedule a confidential consultation.