Relocation of Parent Out of State in Minnesota
When parents are divorced there are times that one parent may need to move out of state for job reasons or for other reasons. But it must be deemed that the move is in the best interest of the child to make such a move. A parent bettering their career and making more money is considered in the best interest of the child.
On January 1, 2007, a new law was put in place that requires the parent who is seeking permission to relocate with the child to demonstrate that the move is in the best interest of the child. If the court is not convinced the move is in the best interest of the child, the parent will be forbidden to move with the child.
The Best Interest Of The Child
The Minnesota parent relocation law says that a parent cannot move out of state with a child unless:
- That parent has received consent of the other parent, especially if that parent has been given parenting time via a court order or decree.
- The parent has received an order from the court that allows for relocation.
The court will take a look at what is in the best interest of the child before awarding an order from the court that allows for relocation. The court will look at:
- The nature, extent of involvement, and the quality of the relationship of the parent proposing to relocate. The relationship with the non-relocating parent, any siblings, and relationships with other significant people in the child’s life is also evaluated.
- The age, developmental stage, the impact of the move, and the needs of the child are looked at, as well as how the move will affect the physical, emotional, and educational development of the child.
- Whether or not it is feasible to preserve the relationship between the non-relocating parent and the child through certain parenting arrangements. The financial circumstances of the parties are also taken into consideration.
- The child’s preference. However, the age and maturity of the child are taken into account.
- Whether or not the relocating parent is trying to thwart the relationship between the child and the non-relocating parent.
- Whether or not the relocation of the parent and child would result in a better quality of life for the child.
- The reason why relocation is being sought or opposed.
- The effect on the welfare and the safety of the child. For instance, if some kind of domestic abuse is present.
Minnesota Divorce Lawyer & Attorney
The new Minnesota relocation law does place the burden of proof on the parent requesting the move. If the court finds that the move is due to domestic abuse committed by the non-relocating parent, the burden of proof is with the non-relocating parent.
If a parent is unable to prove that their request to move is not to interfere with the parenting time of the non-relocating parent, then the move may not be granted. If you need help with the relocation law in Minnesota and the process, call us at 1-888-575-LAWS or fill out the form on this page for your free initial consultation. If it is absolutely necessary for you to move to better your life, let us help you.