Legal Question in Family Law in Minnesota

The short answer to your question is, no, she cannot leave the state without your permission. A custodial parent may not move a child to another state without either the permission of the other parent, or the permission of the court. That being said, if she is the custodial parent, and is not leaving the state for the purpose of depriving you of parenting time, the court will ordinarily allow her to move. For example, if she is leaving because of a new job, or because her current husband (if she has one) has a job in another location, the move will ordinarily be approved. The court will usually adjust the parenting schedule, however. Depending on the age of your child, your current schedule, and other factors, the court may determine that you should have more parenting time during the major holidays and summer, for example. Further, the court may allocate future travel costs between the parties in a number of different ways.

All of this is speculation, of course, since I would need to review the facts of your case in more detail. You will be required to bring a motion in court if you want to obtain relief. You should not wait to act. If your wife intends to leave immediately, or in the very near future, you should contact an attorney at once. After she has left the state it can be more difficult to deal with these issues. Moreover, six months after she moves, Minnesota will lose jurisdiction over the custody issue, since Minnesota will no longer be your child's "home state."

Once again, all of this is very general advice, since I do not have sufficient facts to formulate a more concrete plan. You may contact my office if you require additional assistance. 612.234-2116.