Legal Question in Family Law in Minnesota
Custody and Relocation
I have sole physical and legal custody of my three year old daughter with her father getting parenting time every other weekend. I have moved on and am in a serious, committed relationship. My daughter has accepted this new man into her life and it is a healthy situation. My question is - can it be held against me in Court if my relationship involves overnights? I may need to relocate out of state in order to further my career as I am my daughter's main source of financial support and I know my ex will use everything he can against me.
3 Answers from Attorneys
Re: Custody and Relocation
Your relationship will not likely cause you difficulties unless you are acting irresponsible such as being with him overnight with your daughter present in the room. As for leaving the state, you will have to make a motion and show the court that it is in the best interest of the child. He is entitled to an evidentiary hearing (trial) on that issue so it could be somewhat expensive. Dennis
Re: Custody and Relocation
Even though you may want your relationship to include overnights, be careful. As a mom, your first obligation is to your daughter. Make sure she is not affected (such as making sure she has her own room and that she not sleeping in your bed, which little kids are want to do.
As for your move out of state, you will have to ask permission of your ex or, if he says no, the court to let you go. If you have to go to court, you will have to prove that it is in your daughter's best interests to leave the state and relocate with you. Please contact me if you want to discuss these matters further.
Re: Custody and Relocation
Your overnight visits should not have an impact so long as the new person in the child's life is not a danger to the child.
You must remember that in order to relocate out of state, you must have an agreement with the other parent or a court order allowing that relocation. Such determinations are made based on what is in the best interests of the child.