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Relocating Out of State with Children

In a family dynamic where there are separated parents, a child benefits most from constant contact with both of his or her parents. To move out of Minnesota with your child, the relocating parent must either obtain written consent from the nonrelocating parent or receive consent through a Court Order. Whether the relocating parent has sole physical custody or the parents share joint physical custody, a Motion to Relocate is challenging. Sole physical custody does not necessarily provide the relocating parent leverage to move the children away from Minnesota, but joint physical custody does not necessarily mean the Court will automatically deny the relocation request. Courts look at the whole picture.

Minnesota Statute § 518.175 governs whether a Minnesota parent may relocate to a different state with the child. If the nonrelocating parent does not consent to the child relocating, then the relocating parent must bring a Motion to Court requesting a Court Order that permits the child to relocate to a different state with the relocating parent. The relocating parent has the burden of proving to the Court that the intention of the move is not to interfere with the nonrelocating parent’s time and that the move is in the best interest of the child. The Court will consider certain factors, such as, relationship the child has with each parent; the reasons why a person is seeking or objecting the relocation;  age and developmental needs of the child; the feasibility of preserving the relationship between the nonrelocating parent and the child through suitable parenting time arrangements; and whether the relocation will enhance the quality of life of the child and the relocating parent.

When a relocating parent brings a Motion to Relocate, the Court considers the whole family picture, so it is important to capture for the Court detailed reasons why the move is beneficial for your child and why Minnesota cannot provide you the same opportunities as the desired relocating state. A nonrelocating parent objecting to relocating does not mean the Court won’t grant the relocating parent to move with the child. It is important to advocate strongly whether you’re objecting or seeking the relocation.

If you have questions related to a possible relocation, child custody questions, or parenting time concerns, please do not hesitate to contact our office (952) 224-9410