Can I Move Out of Minnesota With My Child?

Relocating (Move Away) to a new state (outside of Minnesota - Even if it’s just to Wisconsin) with your child(ren) after a divorce or custody order can be one of the most complex and complicated matters especially if the other parent does not agree to permit your relocation to another state with the child(ren). In Minnesota, you cannot just pack up and move out of state (even if it is to Wisconsin, Iowa, South Dakota, or North Dakota. Certainly not to Canada - Moving outside the United States requires a lot more extensive and intensive litigation than a move out of Minnesota). Minnesota law requires consent from the other parent or court order permitting the move. Failing to follow the proper legal steps can result in serious consequences, including being held in contempt of court, losing legal and/or physical custody of the child, fines/penalties/attorney fees be paid by you, etc.

Under Minnesota Statute § 518.175, Subdivision 3, a parent must obtain court approval before relocating the child's residence to another state — unless the other parent agrees to the move in writing or the other parent has not been awarded any parenting time by any court.

If both parents agree to the relocation, the agreement should most likely be put in writing and filed with the court to avoid any confusion, mistake, or trap/set up of on parent leading the other parent on to believe the relocation is acceptable only to file a motion to restrain that parent from moving, calling them back to Minnesota. Thus, reliance on a text message or even a handwritten letter indicating approval to the relocation might not be enough to satisfy this requirement from the court’s perspective. The court may require the relocated parent to move back to Minnesota and could impose fines/fees/penalties against that parent.

Factors the Court Considers in a Relocation Request (Move Away)

The court must determine whether the move is in the best interests of the child. Minnesota courts uses a best interest of the child standard different from child custody/parenting time. The best interest of the child factors on Relocation/Move Away requests include:

  1. The nature, quality, and extent of the child’s relationship with both parents;

  2. The child’s age, developmental stage, and needs, and how the relocation would impact them;

  3. The feasibility of preserving the relationship between the child and the non-relocating parent through suitable parenting time arrangements;

  4. The child’s preference, if the child is mature enough to express a meaningful opinion;

  5. Whether the parent requesting relocation/move away has a history of conduct that shows a pattern of behavior that is intended to thwart or promote the relationship of the other parent with the child;

  6. Whether the relocation/move away will enhance both the relocating parent’s and the child’s quality of life via financial, emotional, or educational benefits

  7. Reasons for relocation/move away or reasons for opposing the relocation/move away

  8. The effect on the safety and welfare on the child, while also considering domestic abuse.

The burden of proof that the relocation/move away is in the best interest of the child(ren) is generally on the parent making the request to relocate/move away from Minnesota. A relocation/move away from Minnesota could take months and even years to complete before receiving an order either permitting or denying the relocation/move away. It is imperative you consult an attorney prior to making such a request to determine whether it is worth pursuing such a lengthy endeavor, what risks you may be exposed to by requesting the relocation/move away, and what other options may exist that could be less challenging.

Preventing Relocation/Move Away

If the other parent does not consent to the relocation/move away from Minnesota in writing, they can file a motion to restrain the parent from relocating/moving away from Minnesota until the makes a ruling on the best interest of the child whether to permit the relocation/move away. The court may schedule a hearing and consider testimony, evidence, and potentially expert evaluations (such as guardian ad litem or custody evaluator recommendations).

Sole Physical Custody is Not Enough

Even if you have sole physical custody, Minnesota law requires permission from the court or the other parent. Sole physical custody does not give you absolute authority to make major relocation decisions that affect the child’s relationship with the other parent especially when parenting time is court ordered for the other parent.

Relocation cases are often emotionally charged and legally complex. Working with an experienced Minnesota Family Law Attorney is essential to:

  • File the appropriate motion for relocation/move away;

  • Present evidence supporting the relocation/move away is in the best interest of the child;

  • Negotiate a revised parenting schedule;

  • Represent your interests in a contested hearing if necessary.

If you are requesting a relocation/move away from Minnesota or defending against a request to relocate/move away from Minnesota, or wish to seek further guidance, please contact us today to schedule a consultation to determine best strategies moving forward.

If this does not apply to you, please review our other services.

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