Legal Question in Family Law in Minnesota

Re: Child physical custody/ joint legal custody

Thank you for your question regarding a move out of the country.

A court order is only required if the other parent objects to your move out of state (whether to another country, or to another state). Since you intend to move, and not merely to travel abroad, I would recommend that your letter be more than a simple statement that she has no objection to the move. I would suggest you include a case caption on the agreement, and specifically entitle it a stipulation. The stipulation should recite that the other parent understands you intend to move your residence out of state to another country, and that she has no objection to the same. Her signature should be notarized.

Although a letter, with her signature properly notarized, would probably be sufficient, it is my preference to be more precise and formal about the manner in which her consent is given. My concern is that, if she later chooses to object, a poorly worded, informal letter could open the door for trouble. In cases where I am particularly concerned about the other party, I would also consider having the stipulation approved by the court. In that case, your agreement might also need to provide for some modification of the parenting plan.

How much formality is required involves something of a judgment call. I have had other cases in which a parent has consented to a move out of state, and then later had a change of heart. The issue may then surface when the non-custodial parent has parenting time and refuses to return the child.

If you need further assistance or have additional questions, please feel free to contact me at your convenience. My contact information is below.

I you have entitle it a stipulation.

Re: Child physical custody/ joint legal custody

Instead of just a letter, I would have a signed agreement that is approved by a Judge. That way, you have the permission of the other parent spelled out in a court order in case there are problems in the future. Also, the Stipulation can provide for the other parent to have visitation and provide for a method to handle any future disputes, since you will be living in a different country. Please feel free to contact me if you would like additional information.

Re: Child physical custody/ joint legal custody

A letter has very little legal significantce and you would be wise to have the parties execute a Stipulation and Order allowing the relocation and addressing any parenting time issues. A failure to properly address the issue may result in later conflict and, perhaps, even a Motion to change custody.

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