Relocation Clauses in Minnesota Custody Decrees: Drafting to Avoid Future Disputes

Life doesn’t stand still after a divorce or custody order. A new job, remarriage, or family change might make one parent want to move. But when parents share custody in Minnesota, relocating with a child can quickly lead to conflict and court battles.

That’s where relocation clauses come in. 

By anticipating potential moves before they happen, these provisions can prevent misunderstandings, protect parental rights, and keep decisions focused on the child’s best interests.

This guide explains how relocation clauses work under Minnesota custody law, why they’re important, and how to draft them clearly to avoid future disputes.

How relocation works under Minnesota law

Under Minnesota Statutes § 518.175, subd. 3, a parent may not move a child’s residence to another state—or a significant distance within Minnesota—without consent from the other parent or a court order if both parents share court-ordered parenting time.

If a parent wishes to relocate, they must:

1. Provide notice to the other parent.
2. Obtain written consent or court approval before moving.

If the other parent objects, the moving parent must file a motion to modify custody or parenting time and prove that the relocation serves the child’s best interests.

Courts evaluate factors such as:

• The child’s relationship with both parents.
• The child’s age, needs, and ties to home, school, and community.
• The reasons for and against relocation.
• The impact on parenting time and stability.
• Whether the move is made in good faith or to interfere with the other parent’s relationship.

These standards make relocation disputes complex, emotional, and costly — which is why proactive relocation clauses are so valuable.

Learn more about custody laws and modifications at Martine Law’s Minnesota custody page.

What is a relocation clause?

A relocation clause is a section in your custody decree or parenting plan that sets out rules and procedures for what happens if one parent wants to move with the child.

It can:

• Define how far a parent can move without consent.
• Require written notice before any relocation.
• Outline how parenting time and exchanges will change after a move.
• Clarify who pays for travel costs.
• Establish dispute-resolution steps before returning to court.

Essentially, it creates a roadmap for managing moves, reducing the chance that one parent is blindsided or forced into litigation.

Why relocation clauses matter

Without a relocation clause, any move that affects the other parent’s parenting time can trigger a motion, hearing, and possible custody modification. This process can take months and create emotional turmoil for everyone involved.

A carefully written clause:

• Clarifies expectations about future moves.
• Reduces conflict by setting clear notice and consent procedures.
• Protects children by providing structure and stability.
• Saves time and money by avoiding unnecessary court hearings.

Whether you’re the parent who might move or the one staying in Minnesota, including a relocation clause ensures fairness and predictability for both sides.

Contact a custody attorney today and fight for what truly matters. 

Key elements of an effective relocation clause

A good relocation clause should be specific, practical, and enforceable. Below are essential components to consider including:

1. Defined distance limit

Specify how far a parent can move before triggering notice or consent requirements.

• Example: “Neither parent shall move more than 50 miles from Hennepin County without written consent or court approval.”

This helps distinguish ordinary local moves from relocations that significantly affect parenting time.

2. Notice requirements

Include clear rules for advance notice.

• Example: “The relocating parent shall provide at least 60 days’ written notice to the other parent, including the proposed address, reason for the move, and new school information.”

Notice gives both parents time to communicate or mediate before filing motions.

3. Procedure for consent or objection

Define how the non-moving parent should respond:

• Example: “If the non-relocating parent objects within 30 days of notice, the matter shall be submitted to mediation or a parenting-time expeditor before filing a court motion.”

This encourages cooperation and prevents premature litigation.

4. Revised parenting-time schedule

Anticipate how parenting time will work after relocation:

• Longer visits during school breaks or holidays.
• Virtual contact (video calls, online communication).
• Shared travel or transportation costs.

5. Allocation of travel costs

Moving increases expenses. Your clause should state who pays for flights, gas, or hotel stays related to parenting time.

6. Dispute-resolution provision

Before heading to court, the parents may agree to attempt mediation or use a parenting consultant or expeditor to resolve relocation disagreements.

For more on tools like expeditors and consultants, visit Martine Law’s family law page.

When relocation clauses help the most

Relocation clauses are especially useful when:

• Parents live in different cities but share custody.
• One parent’s career or military service might require relocation.
• Parents want to define reasonable move limits ahead of time.
• The family anticipates future educational or remarriage changes that could prompt a move.

Even if relocation never occurs, having a clause in place reduces uncertainty and ensures the parenting plan is built to last.

Common pitfalls in relocation clauses

While relocation clauses can prevent many conflicts, they can also cause problems if drafted poorly. Common mistakes include:

• Vague terms (e.g., “reasonable notice” or “far away”).
• No clear distance limit, leaving “relocation” open to interpretation.
• Ignoring travel logistics, like how visits will work post-move.
• No method for resolving disputes, forcing parents straight into court.
• Inflexibility, making it hard to adapt if one parent’s life circumstances change.

A well-drafted clause balances clarity with flexibility, allowing room for reasonable modifications while maintaining structure.

If you already have a parenting plan that’s unclear on relocation, a Minnesota divorce attorney can help you request a modification or clarification through the court.

How courts view relocation disputes despite a clause

Even with a relocation clause, the court will still ensure that any move serves the child’s best interests. Judges may override parts of the clause if:

• The proposed move endangers the child’s welfare.
• The child’s relationship with the other parent would be severely harmed.
• The relocating parent acted in bad faith or failed to follow proper notice.

That’s why relocation clauses should align with Minnesota’s statutory factors and prioritize the child’s stability above all else.

Key takeaways

• Minnesota law requires court approval or mutual consent before relocating a child if both parents share custody.
• A relocation clause in your custody decree can prevent future conflict by outlining notice, distance limits, and parenting adjustments.
• Effective clauses include specific timelines, clear definitions, travel terms, and dispute-resolution steps.
• Poorly drafted or vague clauses can lead to confusion and renewed litigation.

An experienced family law attorney can help you draft or modify a relocation clause that protects both your rights and your child’s best interests.

If you’re negotiating a custody agreement or modifying an existing order, Martine Law can help you craft clear, enforceable relocation clauses that reduce risk and conflict. Our Minnesota family law attorneys understand how to balance parental flexibility with the stability children need to thrive.

Contact Martine Law today for a confidential consultation.