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Relocation permission and parenting-time modification are separate issues in Minnesota. A proposed move may require permission to change the child’s residence, a revised parenting schedule, or a custody request. Identifying the relief actually needed helps avoid treating every dispute as the same legal question.
This guide explains how to prepare a workable parenting-time proposal when distance makes the existing schedule difficult to follow.
Which legal issue does the move create?
Section 518.175 addresses both out-of-state relocation and parenting-time changes, but in different subdivisions. Subdivision 3 requires consent or an order to move the child’s residence out of state when the other parent has parenting time under the decree.
Subdivision 5 addresses parenting-time modification. Its best-interests provision applies when the change would not change the child’s primary residence. Restrictions on parenting time require additional findings under the statute, subject to the stated exception.
Do not assume that labeling a request a “schedule adjustment” determines the legal standard. Counsel should evaluate what the proposed change actually does.
How is changing custody different?
Section 518.18 contains custody-modification requirements, timing rules, and exceptions. A proposal affecting custody or the child’s primary residence may require analysis beyond whether a different calendar seems more convenient.
The statute also contains special treatment for certain joint-custody relocation requests. The existing custody arrangement and the requested relief matter; there is no single checklist that resolves every variation.
What should you compare before proposing a new schedule?
Place the current schedule beside a proposed calendar. Identify each provision that becomes impractical and explain why. Include school-day travel and exchange times rather than counting overnights alone.
- Regular weekdays and weekends.
- School vacations, summer, and holidays.
- Transportation and accompanying adults.
- Work hours and reliable childcare.
- The child’s health, developmental needs, and activities.
- Communication between in-person visits.
A useful proposal explains how ordinary weeks will work. It should not depend on unconfirmed transportation or a caregiver who has not agreed to participate.
Can longer school-break visits solve the distance problem?
They may be part of a proposal, but do not assume they are suitable for every child. Consider the child’s age, relationships, ability to tolerate extended separations, and practical needs during each visit.
A summer block may preserve substantial time while still leaving questions about school-year involvement. Address how both parents can remain appropriately involved in education and important events under the existing decision-making arrangement.
Our relocation planning guide covers the broader transition.
What travel details should be included?
Use actual routes and reasonable cost estimates. Specify who books, pays, provides itineraries, transports the child to the departure point, and handles delays.
Consider a missed connection, a canceled flight, severe weather, or a sick child. A plan that identifies how parents communicate and resolve disruptions is easier to use than a promise to “work it out.”
For a driving arrangement, assess the child’s total time in the car. An exchange at a midpoint may divide adult driving more evenly without necessarily reducing the child’s travel burden.
How should remote contact be planned?
Propose practical contact windows that fit school, sleep, activities, and time zones. Younger children may need an adult’s help, while older children may need more flexibility.
Remote contact can support continuity between visits, but avoid describing it as a complete substitute for all in-person parenting. The proposal should explain both types of contact.
What records help show the current schedule no longer works?
Organize objective information rather than broad complaints about inconvenience.
- The current order and school calendar.
- A dated record of exchanges and actual travel problems.
- Work schedules and childcare information relevant to the proposal.
- Transportation routes, availability, and costs.
- Complete communications about specific proposed solutions.
- Information about the child’s needs that can lawfully be shared.
Distinguish a one-time difficulty from a recurring problem. Preserve complete records and avoid exaggerating the other parent’s conduct.
What happens while a request is pending?
Filing a request is not approval. Review the current order, any valid agreement, and any temporary relief with counsel. Do not assume that a proposed move suspends the existing schedule.
If safety is an issue, seek prompt advice about appropriate relief. A long-distance planning problem and an immediate safety concern may require different procedures.
Can parents agree to the changes?
An agreement can clarify the practical proposal, but the parties should address how it will be documented and any needed court approval. State which provisions change, when they take effect, and which existing terms continue.
Do not leave the travel costs or holiday calendar to assumptions. Our relocation-clause checklist identifies drafting issues to discuss.
Frequently asked questions
Does relocation automatically change custody?
No. Determine what the proposed move requires and obtain the appropriate agreement or court relief. Permission to move does not mean every other term has automatically changed.
Can an in-state move require parenting-time adjustments?
Yes. Even without crossing a state line, distance may make the existing schedule difficult to follow. The order and the requested changes need review.
Does fewer weekly exchanges mean less total parenting time?
Not necessarily. Compare the full calendar, including school breaks and holidays, while also considering the quality and practicality of the arrangement.
Is a temporary move automatically exempt?
No. The label alone does not resolve whether the child’s residence, existing schedule, or other ordered terms are affected.
Review the schedule before making the move
Martine Law PLLC provides family-law services under the Martine Law brand. Request a consultation with your current order, proposed calendar, and information about the distance and travel costs.
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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.
