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Moving Out of State with your Children
If you are a parent in Minnesota and you share parenting time pursuant to a court order, you may find yourself asking whether you can move with your child to another state. Perhaps you would like to move to take a new job, be closer to family, or for some other reason. Although such a move might make a lot of sense financially or otherwise, it might not be permitted under Minnesota law.
Can I Move to another State with my Children?
If you share parenting time with your child’s other parent in Minnesota, your ability to move with your child to another state is limited. This is true even if you have been awarded sole physical custody of your child. Under Minnesota law, if the other parent has been granted parenting time by the court, you can only move the residence of the child to another state if you have written consent of the other parent or a court order.
If you have 100% of the parenting time of your child, then you are generally free to move without restriction (although there are still significant risks associated with a decision to move out of state). In all other circumstances, you will need consent of the non-moving parent or an order from the court before you can make the move.
If you petition the court for permission to relocate your child out of state, the judge will determine whether the proposed move is in the child’s best interest. If the move will make it more difficult for the non-moving parent to exercise his or her parenting time, you may have a difficult time convincing the judge that the move is in your child’s best interest. Additionally, if the judge finds that the purpose of the proposed move, even an in-state move, is to interfere with the other parent’s parenting time, you could be in violation of Minnesota law.
Before planning your move, it is best to consult with an experienced family law attorney. If you are ready to schedule a consultation, please contact your attorney at Melchert Hubert Sjodin.
