Sometimes, a parent may wish to move out of the state to pursue a new career, be closer to family, or continue with their education. Minnesota Statute §518.175 sets apart the requirements for moving out of state with children when there has been a prior court order giving the parents parenting time. It is the burden of the parenting requesting the move with the children to prove to the court that it is in the best interests of the children to leave the state. The parent can move out of the state with the children if (1) there is consent by the other parent or (2) the parent obtains permission from the court.
The court will look at the best interests of the child, including the following factors:
(1) the nature , quality, extent of involvement, and duration of the child’s relationship with the person proposing to relocate and with the nonrelocating person, siblings, and other significant persons in the child’s life;
(2) the age, developmental stage, needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development, taking into consideration special needs of the child;
(3) the feasibility of preserving the relationship between the nonrelocating person and the child through suitable parenting time arrangements, considering the logistics and financial circumstances of the parties;
(4) the child’s preference, taking into consideration the age and maturity of the child;
(5) whether there is an established pattern of conduct of the person seeking the relocation either to promote or thwart the relationship of the child and the nonrelocating person;
(6) whether the relocation of the child will enhance the general quality of the life for both the custodial parent seeking the relocation and the child including, but not limited to, financial or emotional benefit or educational opportunity;
(7) the reasons of each person for seeking or opposing relocation; and
(8) the effect on the safety and welfare of the child, or of the parent requesting to move the child’s residence, of domestic abuse, as defined in Minn. Stat. § 518B.01.
However, if the parent requesting the move is doing so in order to interfere with the other parent’s parenting time, then the court will deny the request.