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Child Custody

What Happens to Child Custody If a Parent Wants to Relocate Out of Minnesota?

By September 15, 2025November 18th, 2025No Comments

Child custody decisions in Minnesota are guided by the principle of the child’s best interests. When one parent plans to relocate out of state, it can significantly impact existing custody arrangements, parenting time, and visitation schedules. 

Courts carefully evaluate how the move may affect the child’s stability, schooling, and relationships with both parents. 

Understanding the legal process and your options is crucial for any parent facing a relocation scenario. Contact a Minnesota experienced attorney who can guide you through this legal process.

Relocation in custody

Relocation in custody cases occurs when a parent intends to move their primary residence a significant distance away, often to another state. This situation can:

  • Alter existing parenting time schedules.
  • Require modifications to custody orders.
  • Influence the court’s evaluation of the child’s best interests.

The law balances a parent’s right to move for work, family, or personal reasons with the child’s need for stability and ongoing relationships with both parents.

How Does It Work Legally in Minnesota?

  1. Notice Requirements
    • Minnesota law requires the relocating parent to provide formal notice to the other parent before moving, typically 60 to 90 days in advance.
    • The notice should include reasons for the relocation, proposed new residence, and a plan for maintaining the child’s relationship with the non-relocating parent.
  2. Court Considerations
    • Courts evaluate whether the relocation serves the child’s best interests. Factors include:
      • The child’s age, needs, and stability.
      • Reasons for the move (work, family support, education).
      • The impact on the non-relocating parent’s relationship and parenting time.
      • Availability of transportation and visitation arrangements.
  3. Modification of Custody Orders
    • If relocation significantly affects parenting time or custody, a court may modify the existing order.
    • Adjustments may involve establishing virtual visitation, revised schedules, or transferring primary custody in some cases.
  4. Best Interests Standard
    • Minnesota courts prioritize the child’s best interests over the relocating parent’s convenience.
    • The court may deny a move if it disrupts the child’s stability or harms the parent-child relationship.

What Should You Do If…?

You plan to relocate:

  • Provide timely, written notice to the other parent.
  • Prepare a parenting plan that accommodates visitation and ongoing contact.
  • Work with a Minnesota family law attorney to anticipate potential objections and present a strong case for the move.

The other parent plans to relocate:

  • Respond promptly to relocation notice.
  • Gather information about how the move could affect the child’s best interests.
  • Consider mediation or legal intervention to adjust custody or parenting time schedules.

Common Outcomes or Court Decisions

  • Approval of relocation: Courts may approve the move with a revised parenting plan, incorporating virtual visits, extended holiday schedules, or adjusted travel arrangements.
  • Partial denial: Courts may allow the move but restrict physical custody or adjust parenting time to protect the child’s best interests.
  • Denial of relocation: If the move would disrupt the child’s stability, courts may prevent relocation or require a transfer of primary custody.

Don’t risk what’s at stake; contact a lawyer today. 

Key Takeaways or Legal Advice

  • Relocation is not automatically granted; the court prioritizes the child’s well-being.
  • Early planning and legal guidance help parents propose relocation plans that minimize disruption.
  • Open communication with the other parent and willingness to compromise often improve the chances of court approval.

A knowledgeable Minnesota family law attorney can help draft relocation notices, revise parenting plans, and represent your interests in court.

 

Do You Need a Lawyer?

Yes. Relocation cases can be complex and highly contested. An experienced Minnesota family law attorney can:

  • Ensure all notice requirements are properly followed.
  • Advise on feasible parenting time adjustments.
  • Represent your case in mediation or court to protect your rights and the child’s best interests.

Contact Martine Law or reach out online to discuss relocation and child custody concerns in Minnesota.

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Contact the best of the best

If you or the other parent plans to relocate, contact Martine Law for guidance. Our attorneys help Minnesota families navigate relocation, custody modifications, and parenting plan adjustments while prioritizing the child’s best interests.

FAQs

How much notice is required before relocating with a child in Minnesota?
Typically 60–90 days, depending on court and custody agreements.

Can a parent move without the other parent’s consent?
No. Court approval is usually required if the move affects custody or parenting time.

What factors determine if a relocation will be approved?
The child’s best interests, reasons for moving, impact on the non-relocating parent, and ability to maintain relationships.

Can virtual visitation replace in-person time?
Courts may allow video calls and virtual interaction as part of a revised parenting plan.

What happens if the court denies relocation?
The relocating parent may remain in the current location, or custody adjustments may occur to protect the child’s interests.

Disclaimer: This content is for informational and educational purposes only and does not constitute legal advice. For legal guidance specific to your situation, please contact Martine Law.

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