Introduction
Moving to a new city or state can be a major life change. But if you’re a parent with a custody or parenting time arrangement in Minnesota, relocation becomes more than just a personal decision—it becomes a legal issue. Whether you’re planning to move for a job, relationship, or family support, you may need court approval before relocating with your child.
At Martine Law, we help parents understand how Minnesota’s custody laws affect relocation and what steps to take to remain compliant while protecting their parental rights.
Can a Parent Move Away with a Child After Divorce or Separation?
Under Minnesota law, if you share joint legal or physical custody or the other parent has court-ordered parenting time, you cannot relocate the child outside the state—or to a significantly distant part of Minnesota—without the other parent’s consent or a court order.
This rule is based on Minnesota Statute §518.175 Subd. 3, which states that a parent may not move a child’s residence to another state without:
- The consent of the other parent, or
- Permission from the court after a relocation hearing
What Is Considered “Relocation”?
Not every move triggers a legal review. However, relocation generally applies when:
- You want to move the child out of state
- You are moving a significant distance within Minnesota that would impact parenting time
- The move interferes with the child’s school, social life, or contact with the other parent
For example, moving from Minneapolis to Duluth may not seem like leaving the state, but it still impacts existing custody orders.
How Courts Evaluate Relocation Requests
When one parent wants to move and the other objects, the court will hold a relocation hearing. The judge’s decision is based on the best interests of the child, not the parent.
Factors the court considers include:
- The child’s relationship with both parents
- The age, needs, and developmental stage of the child
- The impact of the move on the child’s well-being
- The reasons for the move (e.g., employment vs. retaliation)
- The ability to preserve the child’s relationship with the non-moving parent
- Whether the parent has previously interfered with parenting time
- Any history of domestic abuse
Ultimately, the court asks: Is this move in the child’s best interests?
Common Scenarios Where Relocation Is Requested
1. Moving for a Job or Career Opportunity
A new job may require a parent to move across the state or country. Courts will weigh the benefits to the child (financial stability, better standard of living) against the loss of proximity to the other parent.
2. Moving to Be Near Family
Having extended family support can benefit both the parent and the child. Courts may consider whether grandparents or relatives can provide additional stability.
3. Moving with a New Spouse or Partner
Blended families are common, but courts will evaluate whether the new living situation provides more advantages or disruptions for the child.
How Parenting Time Is Affected by Relocation
If the relocation is approved, the parenting time schedule will likely need to be modified. Courts typically look to preserve the child’s bond with the non-relocating parent by offering:
- Longer summer breaks
- Extended holiday visits
- Frequent virtual contact (video calls, phone calls, messages)
Transportation costs may also be divided between the parents or assigned to the parent requesting the move.
What If the Move Is Denied?
If the court denies your request to relocate with the child, you will not be legally allowed to move unless you:
- Choose to relocate without the child, or
- Renegotiate custody with the other parent and file a motion to modify custody
Attempting to relocate without court approval can result in serious consequences, including:
- Loss of custody
- Contempt of court charges
- Modification of parenting time in favor of the other parent
What Happens If the Other Parent Relocates Without Permission?
If your co-parent moves your child out of state without your consent or a court order, you can:
- File a motion to enforce the custody order
- Ask the court to order the return of the child
- Request contempt of court sanctions
- Seek to modify custody in your favor
This is considered a serious violation of the custody agreement and can result in a change of custody, especially if the move was done secretly or against the court’s wishes.
How to Request a Relocation in Minnesota
To legally move with your child, follow these steps:
- Discuss with the other parent: If they agree, draft a written agreement to submit to the court for approval.
- File a motion with the court: If there is no agreement, file a relocation motion with the district court.
- Attend a relocation hearing: Present evidence that the move is in the child’s best interest.
- Await the court’s decision: The judge may approve, deny, or modify the move and custody schedule.
It is crucial to provide strong documentation and legal arguments. Courts do not automatically favor the relocating parent.
Why You Need a Custody Attorney
Relocation cases are some of the most complex in Minnesota family law. Even if you believe your move is reasonable, the court may not see it the same way without a compelling legal case.
A custody attorney at Martine Law can:
- Evaluate the strength of your case
- Prepare the relocation motion
- Represent you at hearings
- Negotiate a revised parenting plan
- Defend against relocation objections or violations
We’re committed to protecting your rights and ensuring your child’s best interests are front and center.
Contact us today for a consultation.
Final Thoughts
Whether you’re seeking to move with your child or trying to prevent an unjustified relocation, understanding your legal rights is critical. Relocation affects more than just where a child lives—it can redefine family dynamics and long-term relationships.
With the right legal strategy and representation, you can ensure your parenting rights are respected and your child’s stability is maintained.