Minnesota Divorce and Out of State Moves

Child Custody Out of State

Whether a parent can move out of state with a minor child is determined by Minnesota Statute §518.175 subdivision 3.

Without consent from the other parent, it is very difficult for a party to move out of the state with the child.  If the purpose of the move is to thwart the relationship between the other parent and the child, then the court will absolutely not allow the child to be moved out of state.

Can a Divorced Parent Move their Child Out of State?

Courts are reluctant to allow a child to be removed from the state because it usually means that there will be an increased distance between the parties, which generally affects the parenting time schedule.  To illustrate this let’s look at the following example:

  • Parent A and Parent B live in Minnesota and Parent B has parenting time with the parties’ minor child every other weekend.
  • If Parent A would like to move with the child to Florida, chances are that Parent B will be unable to exercise his or her parenting time every other weekend.
  • In addition, if the child is in school and Parent B attended school conferences, school sports, and other activities with the child, a move to Florida would likely interfere with that contact as well.

Best Interest of the Child

The court must determine that the move to another state is in the best interests of the child and that moving the child out of state outweighs the frequent contact and parenting time that Parent B has with the child.

The Court will look at all of the factors outlined in the statute for the best interests of the child. However, the burden is on the parent that wishes to relocate to demonstrate that this move is in the child’s best interests.  If the parent requesting the move is a victim of domestic abuse, then the parent opposing the move must prove that the move out of state is not in the best interests of the child.

Call Today For a Free Consultation

  (612) 294-2200

Contact Us

Archives