Relocating With Kids Out Of State
When a Move Threatens to Destroy Your Relationship With Your Children
Many people decide to move away from Minnesota after a divorce. If a custodial parent decides to relocate out-of-state with his or her children, he or she must have the permission of the noncustodial parent and must make accommodation for parenting time with the noncustodial parent. Unfortunately, many custodial parents fail to do this. If your former spouse or co-parent is planning on moving out of state with your children, you need the help of a Lakeville lawyer who knows how to deal with situations where the custodial parent is relocating with the kids out of state.
At Dwire Law Offices, P.A., our attorney has extensive experience in handling parental relocation cases. He will work with you to prevent your former spouse or co-parent from moving and will try to find a way to maintain your relationship with your kids if he or she is granted permission to move.
Can My Ex Move Out of State With Our Children?
Unless the noncustodial parent agrees to the move or the custodial parent is granted a modification of court orders, the move cannot take place. The burden of proof that a move out of state will benefit the children is put on the parent who wishes to move. Many things are taken into consideration regarding the potential move, including:
- The current relationship between the noncustodial parent and the children
- The support system available to the children in either place
- Employment opportunities for the custodial parent in the alternative location
- Educational opportunities for the children in the alternative location
- The financial impact and ability of the children or the noncustodial parent to travel for parenting time
Unless both parents reach an agreement prior to the move, the case will probably require an evidentiary hearing and may require an evaluation. The process can take up to four months to complete. In addition, the amount of child support may be affected when the cost of travel is taken into account.
If you are a parent who is in danger of losing access to his or her children, we will fight to prevent the move. If this is not possible, we will work diligently to modify the parenting time schedule so you can still have a healthy relationship with your children.