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Moving a child’s residence out of Minnesota requires the other parent’s consent or a court order when that parent has parenting time under the decree. Sole physical custody does not remove that requirement. A move within Minnesota is governed differently, but it can still affect school decisions, exchanges, and compliance with the existing order.
Start by identifying whether the proposal changes the child’s residence, parenting time, custody, or several of these. This overview explains the legal distinctions and the records to review before acting.
Can a Parent Move a Child Out of State?
When the other parent has parenting time under the decree, consent or court authorization is required. Under Minn. Stat. § 518.175, subd. 3(a), the parent with whom the child resides may not move the child’s residence to another state unless:
- The other parent consents, if that parent has been awarded parenting time by the decree; or
- The court issues an order authorizing the move.
The statute also provides that if the purpose of the move is to interfere with parenting time awarded to the other parent, the court shall not permit the child’s residence to be moved to another state. This rule is not limited to situations involving joint physical custody. The statute applies to the parent with whom the child resides when the other parent has been awarded parenting time by the decree. The specific language of the existing custody and parenting-time order therefore matters.
What If I Have Sole Physical Custody?
Sole physical custody does not automatically eliminate the interstate relocation requirements of § 518.175, subd. 3. If the other parent has been awarded parenting time by the decree, the relocating parent generally must obtain that parent’s consent or a court order before moving the child’s residence to another state.
Factors Affecting Parental Relocation
When a parent requests permission to move the child’s residence to another state, the law requires the court to apply a best-interests standard. The court must consider all of the factors, along with other relevant circumstances. The statute identifies eight specific factors:
- The child’s relationships: The nature, quality, extent of involvement, and duration of the child’s relationships with the parent seeking relocation, the nonrelocating parent, siblings, and other significant people.
- The child’s age and needs: The child’s age, developmental stage, needs, and the likely effect of the move on the child’s physical, educational, and emotional development, including any special needs.
- Preserving the relationship with the nonrelocating parent: Whether the child’s relationship with the nonrelocating parent can be preserved through suitable parenting-time arrangements, considering the parties’ logistics and financial circumstances.
- The child’s preference: The child’s preference, taking the child’s age and maturity into consideration.
- Each parent’s conduct concerning the relationship: Whether the parent seeking relocation has an established pattern of promoting or thwarting the child’s relationship with the other parent.
- Quality of life: Whether relocation would enhance the general quality of life for the parent seeking relocation and the child, including financial or emotional benefits or educational opportunities.
- Reasons for the move: The reasons each person gives for seeking or opposing relocation.
- Domestic abuse: The effect of domestic abuse on the safety and welfare of the child or the parent requesting the move.
The statute expressly states that the listed factors are not exclusive. The court must consider all of the factors in the subdivision when determining the child’s best interests.
Know more: What Minnesota Courts Examine Before Granting Custody Modifications or Relocation Requests Between Parents
How Does Relocation Affect Parenting Time?
A move can make an existing parenting-time schedule more difficult to follow, particularly when the parents will live a significant distance apart. The relocation statute specifically requires the court to consider whether the child’s relationship with the nonrelocating parent can be preserved through suitable parenting-time arrangements, including the parties’ logistical and financial circumstances. Depending on the circumstances, a parenting-time arrangement may need to address:
- Longer periods of parenting time during school breaks
- Extended summer parenting time
- Holiday schedules
- Travel and transportation
- The location of exchanges
- Other arrangements designed to preserve the child’s relationship with the nonrelocating parent
The appropriate arrangement depends on the existing order, the distance involved, the child’s needs, school schedules, transportation, finances, and other circumstances.
What About Moving Within Minnesota?
The specific relocation provision in § 518.175, subd. 3 addresses moving the child’s residence to another state. It does not establish the same consent-or-court-order requirement for every move from one Minnesota community to another. However, an in-state move can still create custody or parenting-time issues. The legal standard and procedure depend on what is being changed and whether the child’s primary residence is affected.
For example, if a move substantially increases the distance between the parents, the existing parenting-time schedule may become difficult to follow. The parents may need to reach an agreement or seek an appropriate modification of the existing order.
How Do You Request Relocation in Minnesota?
If you are considering moving your child’s residence to another state, begin by reviewing the existing custody and parenting-time order.
1. Review the Existing Order
Check the order for provisions concerning:
- Physical custody and the child’s residence
- Parenting time
- Travel and transportation
- Notice requirements
- Parenting plans
- Restrictions or other conditions affecting the child’s residence
The language of the existing order can affect what steps are necessary before a move.
2. Seek Clear Consent Through a Permitted Process
If the other parent has been awarded parenting time by the decree, consent may satisfy the interstate relocation requirement under § 518.175, subd. 3. Any agreement should be properly documented and consistent with the existing court order and applicable law.
Use only communication allowed by any safety or no-contact order. Notice of a proposed move is not the same as consent, and a lack of response should not be assumed to authorize relocation.
3. How to Request Court Authorization for Relocation
If the other parent has parenting time under the decree and does not consent to moving the child’s residence to another state, the parent seeking the move can ask the court to authorize the relocation. The court will apply the best-interests standard and consider the relocation factors.
4. Prepare Evidence Addressing the Relocation Factors
Evidence may address matters such as:
- The reasons for the proposed move
- The child’s relationships with both parents
- The child’s age, developmental stage, and needs
- School and educational considerations
- Financial or emotional benefits
- The feasibility of maintaining the child’s relationship with the other parent
- A proposed parenting-time arrangement
- Transportation and travel
- The child’s preference, when appropriate
- Any established pattern of promoting or thwarting the child’s relationship with the other parent
- Relevant domestic-abuse concerns
The parent requesting the interstate relocation generally has the burden of proof, subject to the domestic-abuse exception in § 518.175, subd. 3(c).
5. Follow the Existing Court Order
Until a proposed relocation is authorized or otherwise permitted under applicable law, parents should follow the existing custody and parenting-time order. Moving first and attempting to resolve the legal consequences afterward can create additional custody and parenting-time issues.
What If a Parent Moves Without Approval?
An unauthorized move does not automatically transfer custody, but it can create serious disputes about compliance with the order and interference with parenting time. Get advice promptly about the appropriate relief and preserve accurate information about the move and missed time.
Section 518.18 governs custody modification and includes specific requirements and exceptions. Changed circumstances and best interests do not, by themselves, describe every requirement; the statute generally retains the prior arrangement unless an applicable exception is met.
One provision addresses a primary custodial parent who relocates to another state despite the court’s denial of a request to move the child’s residence. It is not a rule that any move automatically changes custody. Parenting-time changes and enforcement also require their own analysis.
Which Relocation Guide Fits Your Next Question?
- Changing the parenting schedule after relocation: calendars, travel, and court review.
- Preparing relocation evidence: documents, concrete benefits, and realistic proposals.
- Reviewing a relocation clause: notice, consent, and drafting pitfalls.
Frequently Asked Questions
Can relocation automatically reduce the other parent’s parenting time?
No, relocation does not automatically terminate or reduce the other parent’s parenting time. Any change depends on the existing court order, the parties’ agreement when permitted by law, and any modification ordered by the court. If relocation makes the existing schedule impractical, the parties may need to establish a different parenting-time arrangement through an appropriate agreement or court proceeding.
Who has the burden of proof in a relocation case?
Generally, the parent requesting permission to move the child’s residence to another state has the burden of proof. In a contested relocation proceeding, that parent must present evidence addressing the statutory factors. However, if the court finds that the parent seeking relocation has been a victim of domestic abuse by the other parent, the burden of proof shifts to the parent opposing the move.
Can a parent relocate temporarily with a child?
Whether a temporary move constitutes moving the child’s residence to another state depends on the circumstances and the existing court order. Parents should not assume that calling a move “temporary” eliminates legal requirements. The terms of the custody and parenting-time order should be reviewed before making a significant interstate move.
Does the court consider the distance of the proposed move?
Distance can be relevant to the court’s analysis because the law requires consideration of whether the child’s relationship with the nonrelocating parent can be preserved through suitable parenting-time arrangements. The court may consider the logistics and financial circumstances involved in maintaining that relationship.
Can the relocating parent be required to pay for travel?
Potentially, the relocation factors require the court to consider the logistics and financial circumstances of the parties when evaluating whether the child’s relationship with the nonrelocating parent can be preserved. Transportation costs and responsibilities may therefore be relevant when developing or evaluating a proposed parenting-time arrangement.
Get Help Reviewing a Relocation Order
Minnesota Divorce Attorneys PLLC provides family-law services under the Martine Law brand. Request a consultation with your current decree, proposed move date, and parenting-time concerns.
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This page provides general information about Minnesota law, not legal advice for your particular case.
