Legal Question in Family Law in Minnesota
In MN can a mother relocate her child with out the fathers consent? The father has no custody he is on the childs birth certificate, he is behind on child support very rarely sees the kid. He is threating finally after 5 years to get some custody to prevent the mother from leaving the state. Also what if the mother moves to a different state and then he decides to file for some custody can he make her move back to the same state.
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1 Answer from Attorneys
Pursuant to Minn. Stat. 518.175, subd 3,(a): "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 consdent of the other parent, if the other parent has been given parenting time by the decree." So if the father DOES NOT have court ordered parenting time, mother can move the child out of state without a court order and without father's permission. The father, however, can motion the court for parenting and if he gets it, then the mother cannot move out of the state without his permission or a court order.
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