What if my co-parent wants to relocate out of Minnesota?

When a co-parent wants to move out of Minnesota—especially with your child—it can raise serious legal and emotional questions. Whether the move is for a new job, remarriage, or to be closer to extended family, relocation cases often become complex, particularly when it affects your existing custody or parenting time agreement.

Minnesota courts prioritize the best interests of the child when determining if a parent can legally relocate. If you’re concerned about your rights or your child’s future, here’s what you need to know.

Is Court Approval Required to Relocate With a Child?

Yes. In most cases, a parent cannot move a child out of Minnesota without:

• The other parent’s consent, or
• A court order

Under Minnesota Statute § 518.175, Subd. 3, if both parents share legal custody, one parent must get written permission from the other or approval from the court before relocating the child’s primary residence out of state.

If you and your co-parent don’t agree, the parent who wants to move must file a motion to relocate in court.

What Does the Court Consider in Relocation Cases?

The court will evaluate the move based on the best interests of the child, not necessarily the parent’s wishes. Key factors include:

• The child’s relationship with both parents and other family members
• The impact of the move on the child’s development, education, and emotional well-being
• Whether the relocation would enhance the quality of life for the child and the relocating parent
• The reason for the move (e.g., employment opportunity vs. intent to reduce the other parent’s time)
• The ability to maintain parenting time with the non-moving parent
• Whether there is a history of domestic violence or abuse

The parent requesting relocation must prove that the move is in good faith and in the child’s best interests.

Can a Parent Move Without the Child?

Yes. A co-parent can move out of state without the child as long as the move doesn’t interfere with the existing custody or parenting time schedule. However, if their relocation causes significant disruptions to the child’s time with that parent, it could eventually justify a modification of parenting time.

What If My Co-Parent Moves Without Consent?

If a parent relocates the child without your permission or a court order, it may be considered a violation of the custody order. In that case, you can:

• File a motion to enforce or modify custody
• Request that the child be returned to Minnesota
• Ask the court to hold the parent in contempt of court

In severe cases, unauthorized relocation may be viewed as parental kidnapping under Minnesota law.

Can the Court Deny the Relocation?

Absolutely. If the court finds that the move:

• Would significantly harm the child’s relationship with the non-relocating parent
• Doesn’t improve the child’s quality of life
• Is motivated by a desire to interfere with the other parent’s custody or parenting time

Then the court may deny the relocation and require the child to remain in Minnesota.

How to Respond to a Relocation Request

If your co-parent has filed a motion to relocate with your child and you object, you should:

1. Consult a family law attorney immediately
2. Gather evidence that the move is not in the child’s best interests
3. Emphasize the importance of your ongoing involvement in the child’s life
4. Consider proposing alternative arrangements that preserve your parenting time

The court will schedule a hearing, during which both sides can present their case.

Mediation May Help

Before going to court, consider using mediation to reach a compromise. Mediation is less adversarial and can result in a modified parenting plan that accommodates both parents while preserving the child’s stability.

For example, one parent might agree to the move if they receive extended summer visits or virtual visitation rights.

Modifying Custody or Parenting Time

If the move would make the existing custody or parenting plan unworkable, either parent can petition to modify the agreement. According to Minnesota Statute § 518.18, a custody order can be modified if:

• There’s been a substantial change in circumstances
• The change is in the child’s best interests
• The benefits of the change outweigh the disruption

Relocation is considered a significant change and often triggers this type of review.

Can Older Children Influence the Decision?

While there is no specific age at which a child can decide where to live, Minnesota courts may consider the child’s preference if they are mature enough to express a reasoned opinion—usually around age 12 or older.

Still, the child’s preference is only one of many factors considered.

Take Action Early

Relocation cases are emotionally charged and legally complex. If your co-parent is planning to move, it’s crucial to act quickly:

• Don’t wait until they’ve already left
• Gather evidence of your relationship with the child
• Consult with a Minnesota child custody lawyer
• File a motion or objection as soon as possible

The earlier you respond, the better your chances of protecting your rights and your child’s stability.

Final Thoughts

When a co-parent wants to relocate out of Minnesota, it raises significant legal concerns—especially if it involves your child. Courts are focused on preserving meaningful relationships between children and both parents, and they don’t approve every relocation request.

If you’re facing a potential relocation battle, don’t go it alone. Contact Martine Law for experienced legal support tailored to your situation.