Rochester Minnesota Out-of-State Relocation Attorney

Out-of-State Move Minnesota Attorney

An out-of-state move of one parent usually interferes with the parenting time of the other parent. For that reason, unless they have permission of the other parent or the court, a parent cannot move a child out of state. The exception to this rule is when the other parent does not have parenting time rights. In that case, permission may not be necessary. To find out how Minnesota law applies to your situation, please contact our out-of-state relocation attorney.
The two main scenarios for an out-of-state move are:

• Moving party has sole physical custody
• Moving party has joint physical custody

Out-of-State Move When Parent Has Sole Custody

If one party has sole custody and is requesting an out-of-state move, the Court must look at these factors in deciding whether to allow the custodial parent to move:

• The child's relationship with the parents and others;
• The child's development and needs; 
• The feasibility of preserving the child's relationship with the non-relocating parent; 
• The child's preference;
• Whether there is a pattern by the relocating parent to promote or thwart the child's relationship with the other parent; 
• Whether relocation will enhance the child’s and the relocating parent's quality of life;
• Each parent's reasons for opposing or supporting relocation; and 
• The safety and welfare of the child or relocating parent relating to domestic abuse.

The parent requesting the move has the burden of proving that the move is in the child’s best interest, except in cases where there has been domestic abuse. In determining whether a custodial parent can relocate a child out of state, the main issue the Court will look at is whether the move is in the child’s best interest. The court will not approve a move if its purpose is to interfere with parenting time, but the court will not deny a move simply because it may require an adjustment in the existing pattern of parenting time. In addition, Minnesota law presumes that a non-custodial parent is entitled to spend at least 25% of time with his/her children. This presumption may be overcome, but it is another issue to be considered in an out-of-state move.

Out-of-State Move When Parents Have Joint Custody

In a situation in which the parents share joint custody and the child is with them on alternating weeks, an out-of-state move from either parent amounts to a custody modification request. To obtain a modification of custody, the requesting parent must make an initial showing that the move out of state would be in the child’s best interest. If that initial showing is made, the party requesting the modification must establish one of the following:

• that both parties agree to the modification;
• that the child has been integrated into one parent’s family with the consent of the other party; or
• that the child’s present environment endangers the child’s physical or emotional health or impairs the child’s development.

Joint physical custody arrangements make a request to move out of state extremely difficult to obtain due to a preference for consistency in children’s lives.

Locale Restrictions and Divorce in Minnesota

Minnesota law allows divorcing couples to agree to limit the geographic location in which they will raise their children. If you believe that you or your spouse may want to move out of state after your divorce is finalized, a Rochester divorce attorney can help you prepare so that your divorce decree anticipates this possibility. Whether you agree to joint physical or sole physical custody, one measure of protection to ensure that the children cannot be removed from the state is the inclusion of a locale restriction. If such a locale restriction exists and one party decides he or she wants to move out of state with the children, the law governing motions to modify custody apply rather than the laws regarding a motion to move out of state.

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