When parents separate or divorce, custody becomes a crucial aspect of family law. However, the situation can become more complicated if one parent desires to relocate with their child. The relocating parent must navigate legal requirements and custody arrangements. The information below will guide parents dealing with relocation and custody issues. It covers essential factors related to custody, relocation, and legal aspects.
Understanding Custody
To navigate custody and relocation issues, understanding the two main categories of custody is crucial: physical and legal. Physical custody determines where the child lives, while legal custody involves decision-making power over their welfare, such as education and healthcare.
In Minnesota, the child’s best interests are the priority in determining custody arrangements. Factors like the child’s needs, the parent’s relationship, and the ability to provide the care are considered.
Relocation and Custody
When a parent plans to move out of state with their child, it can impact their custody arrangement, particularly if the other parent has physical custody or a significant parenting time schedule. In Minnesota, the relocating parent must give written notice to the other parent at least 45 days before the move, and failure to do so can lead to legal consequences. If the other parent opposes the relocation, the court may conduct a hearing to determine whether it is in the child’s best interests.
Preparing for Relocation
Parents who wish to relocate with their child should develop a plan that considers how the move will impact the child’s relationship with the other parent. The relocating parent should obtain the other parent’s agreement to the move or a Court Order allowing them to move.
Developing a parenting plan that outlines the proposed parenting schedule and communication plan is essential. In cases where the relocation is long-distance, the parents should consider alternatives to in-person visits, such as video or phone calls.
Custody Disputes
Parents may encounter relocation and custody disputes involving disagreements about the child’s best interests, parenting schedule, or communication. This often leads families to court to resolve their dispute. Ultimately, Minnesota sees joint custody as the best option but takes the child’s wellbeing as the most important factor in these scenarios.
Mediation is a less aggressive approach that enables parents to collaborate and develop a plan that suits everyone. If mediation proves unsuccessful, parents can request court intervention to reach a decision. This tends to be a more cost-effective option.
Relocation and Child Custody Laws in Minnesota
Minnesota determines custody based on the child’s best interests, considering factors like the child’s relationship with each parent, the parent’s ability to meet their needs, and the child’s preference if expressed. The relocating parent should give advance notice to the other parent, who can object, and the court will determine if the move aligns with the child’s best interests. This includes factors such as the child’s relationship with each parent, the impact on their emotional and physical wellbeing, and the availability of a stable environment.
Contact Us
Relocation and custody issues can be complex and emotionally charged. Understanding the legal requirements for relocation, developing a parenting plan, and seeking legal advice and representation from an experienced family lawyer can help parents navigate these issues and achieve the best possible outcome for their children. Prioritizing the children’s best interests and seeking objective advice is essential.
If you have concerns about custody, call and talk to one of our Minnesota custody lawyers at (612) 294-2200. We offer free initial consultations.
