Legal Question in Family Law in Minnesota
My husband and I are planning on moving out of Minnesota with our son and my 2 children from a previous marriage. My ex husband has agreed and we have worked out a modified visitation scheduled that is agreeable to both of us. What papers do I need, and do I have to petition the court for these changes?
2 Answers from Attorneys
Any agreement must be memorialized as part of a court order. As a result, you should have an attorney draft a Stipulation and Order to be submitted to the court memorializing the agreement.
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Hello. Moving with children to another state subsequent to divorce is a common family law issue. When one parent has been awarded parenting time in a divorce or legal separation decree, then the other parent may legally move the residence of the child/children to another state either with a newly obtained order of the court permitting the move, or with the consent (permission, agreement) of the other parent. If you are considering moving out of Minnesota with a minor child/minor children, it is important to confer with an experienced Minnesota family law attorney. I recommend that you phone several attorneys in choosing who you want to assist you, because it is important that you feel great safety and trust with the attorney you select to help you. I myself would create a written agreement tailored to your wishes and your needs, always with the aim of protecting you and your child/children to the fullest extent under law. It is to be noted that in the event a parent moves with a child/children from Minnesota to another state, or another country, without a court order or the properly drafted, protective written agreement of the parents, the parent who leaves faces the possibility of harsh negative consequences if challenged by the other parent at any time in the future.