Relocating With Kids In The State Of Minnesota

Last updated on July 15, 2024

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 the state.

At Dwire Law Offices, 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. Our founding attorney has decades of experience helping clients in Apple Valley, Burnsville, Eagan, Lakeville, Prior Lake, Savage and Shakopee. We understand how important the relationship with your child is and will fight tirelessly to give you the legal tools you need to maintain it.

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.

The Best Interests Of The Child

When determining whether a parent should relocate with a child, the primary consideration for Minnesota courts is always the best interests of the child. The best interests of the child is a legal standard used to evaluate what will most benefit the child’s physical, emotional and psychological well-being. In the context of relocation, this involves a comprehensive analysis of various factors to determine if moving will positively or negatively impact the child.

To determine whether a relocation is in the best interests of a child or not, judges consider several factors, including:

• The child’s age, needs and stage of development are critical factors. Younger children may require more stability and frequent contact with both parents, while older children might have different needs and preferences.
• The court will examine the child’s relationship with each parent, their siblings and other significant individuals in the child’s life and look at how the move would impact those relationships.
• Whether the move will improve the overall quality of life for the relocating parent and the child is another consideration. This could include better job opportunities for the relocating parent, improved living conditions or access to better educational resources for the child.
• The impact of relocation on the child’s physical, educational and emotional development must be thoroughly considered. This includes evaluating how the move would affect the child’s schooling, social connections, access to health care and other essential services.
• The court must consider whether it’s feasible to maintain the child’s relationship with the nonrelocating parent and look at any plan that would allow that parent to maintain contact.
• The motives of both parents in seeking or opposing the relocation are examined to make sure that the move is not being proposed or opposed for vindictive or selfish reasons.
• Any history of domestic violence is a crucial factor. The court will consider the move’s impact on the safety and welfare of the child and the relocating parent.

After evaluating these factors, if the evidence indicates that the relocation is in the child’s best interests, the judge will grant the move, modify the custody and visitation schedule accordingly and divide any visitation-related costs between the parents. Conversely, if the move is deemed not to be in the child’s best interests, the court will deny the relocation request.

Call Dwire Law Offices To Schedule Your Free Consultation

If you need assistance with a relocation in the state of Minnesota, you can trust our Rice, Dakota and Scott counties legal team to help you. To schedule a free consultation at our Lakeville office, call us at 952-232-0179 or fill out an online contact form.