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Can I move out of state with my children?

In short, a parent who has a custody and parenting time arrangement established via court order with the other parent cannot move out of state without permission/consent of the other parent or court order.

In 2006, the Minnesota legislature established a new standard for moving a child out of state. Minnesota Statute § 518.175, subd. 3. The statue places the burden on the parent wanting to move out of state that it is in the child[ren]’s best interest to move out of state unless the court finds that the moving parent has been a victim of domestic violence at the hands of the other parent. Within the statute, the legislature provided a non-exclusive list of eight (8) best-interest factors for the court to review and provide analysis for.

If you find yourself wanting to move and need the court order because the other party refuses consent, you will need to file a motion with the court requesting the court order the move. The court can determine the motion based upon your affidavit and argument at the motion hearing. If you want the court to have a trial on the matter, you must specifically request one within your motion.

If you have questions related to moving out of state with a child, please do not hesitate to contact our office at (952) 224-9410.