Some parents have the mistaken belief that, if they have sole physical custody of their children, they can move out of state without permission from the other parent. However, whether you have joint physical custody or sole physical custody, you must either have the other’ parent’s permission or a Court Order to allow you to relocate out of state with your minor children.
If the other parent will not agree to you relocating with the minor children, you will need to bring a Motion before the Court. In addition to the best interest factors outlined in Minnesota Statute § 518.17, you will also need to address the factors specific to a move out of state. These factors are located in Minnesota Statute § 518.175, as follows:
- 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;
- 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;
- 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;
- the child’s preference, taking into consideration the age and maturity of the child;
- 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;
- 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;
- the reasons of each person for seeking or opposing the relocation; and
- 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 section 518B.01.”
If you have any questions about moves out of state, please call me today at 952-800-2025 or reach out via our online contact form to set up your free consultation.
