Legal Question in Family Law in Minnesota

I have joint physical and legal custody of my 10 year old daughter. my new wife and I are thinking of purchasing a business out of state. We have been married for a year but together for 5 years. We have a great home situation and My daughters Mom remains single in an apartment with no intentions on changing anything or growing her career. My concern is that She will not be agreeable to any terms as change is difficult for her. What is the proceedure to surveying possibilities? Thank you in advance for your expertise. Andy


Asked on 4/09/12, 11:53 am

1 Answer from Attorneys

Heidi Swisher Joslin & Moore Law Offices

According to Minnesota Statute 518.175, subd. 3, "the parent with whom the child resides shall not move the residence of the child to another state except upon order of the court or with the consent of the other parent, if the other parent has been given parenting time by the decree." First, who does your child reside with and where is your child's residence? If her residence is with you, then you need to get your ex-wife's permission to move your child out of state or you need to get a court order. If your child resides with your ex-wife, then you can move out of state but you will likely want to modify your parenting time. Second, if you and your ex-wife cannot come to an agreement, review your divorce decree to see if you have to seek out the assistance of a mediator or parenting time expeditor. Even if you are not required to do this, before you go back to court, judges like to see people try mediation.

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Answered on 4/10/12, 8:56 am


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