Relocating With Kids in the State of Minnesota
Helping You Maintain a Regular, Healthy Relationship With Your Children
Lives change during and after a divorce. Many people decide they want to move away from the place they were living during their marriage or, if unwed, during their relationship. This can have a significant impact on the parent-child relationship for the parent who is being left behind. If your former spouse or co-parent is planning on moving with your children and you are concerned about your access to them, you need the help of a Lakeville lawyer with experience handling parents who plan on relocating with kids in state.
At Dwire Law Offices, P.A., we understand how important your relationship with your children is to you. We will do everything we can to help preserve that relationship. Your former spouse or co-parent may have justification for moving, but if it interferes with your ability to see your children, we may be able to prevent the move.
Can My Ex Move With Our Children in State?
The answer is, “yes.” Legally, a custodial parent can move anywhere within the state of Minnesota without the permission of a noncustodial parent. However, if the move creates a problem in maintaining an active relationship with the noncustodial parent, the noncustodial parent has the ability to prevent it. Many divorce decrees include mandatory mediation language for any modification of court orders. If your spouse plans on moving with your kids, our first action would be to demand mediation immediately. In situations where you have been informed of the move just prior to or as the move is happening, we can file for a court order to prevent the move from happening prior to mediation.
Your former spouse or co-parent is required to communicate with you about the potential move. Ideally, the conversation would start early so arrangements can be worked out between the two of you to allow for time with your children. If not, mediation or a court hearing may be required prior to the move.
We will help you ensure that your relationship with your children is properly maintained, whether the custodial parent is allowed to move or not. If he or she does move, we will file for a modification of court orders to accommodate the parenting-time schedule so you still have time with your children.