Relocating a Child Out of State
Child Custody Lawyer in Minnesota
In the state of Minnesota, a parent with custody who wishes to move with the child or children in question must first obtain the permission of the other parent or get the court's permission. The responsibility of the parent seeking to relocate out of state to file a motion to get an order allowing that parent to relocate before doing so. Failure to follow proper procedure creates a serious risk. A parent who does not want the ir child to move may seek an ex parte order to change the custody agreement immediately, pending a hearing. With this in mind, if you would like to relocate with your child out of state or if your former spouse is trying to move, it is very important that you talk to a Minnesota divorce attorney immediately.
What to Consider When Deciding to Relocate
A parent wishing to relocate must have either the consent of the other parent or an order of the court allowing the relocation. When making their decision whether or not to allow the move, the court will look at the reasons the parent wants to move, such as employment or family connections. Under Minnesota law, whether or not a parent can move out of state is based primarily on the best interests of the child. Other factors the court takes into account include:
- Whether the move would result in a better quality of life your children.
- The extent to which your ex currently exercises his or her right to spend time with the children.
- That you are willing to allow for longer, less frequent visits if your request to move out of state is approved.
- That you will actively support such changes in the visitation schedule.
- That you are prepared to absorb the increased cost of transportation.
- That your move is not an attempt to restrict the other parent's access to the children.
Our attorneys are well versed in the laws and circumstances surrounding relocating. At Heimerl & Lammers, we will stand by your side and advise you throughout the entire relocating process.
Contact a Minnesota child custody attorney if you would like to relocate out of state with your child or children.