Legal Question in Family Law in Minnesota

Re: mother wants to move with children out of state

Unless there is a court order giving custody to their mother, you and she have an equal right to custody of your children. There is no legal way to stop her from going to Minnesota, but if you move quickly you may prevent her from taking the children before the court has had a chance to decide who should have custody. You will need a lawyer to help you, but if your income is low you may qualify for free or reduced fee representation through legal aid or some other agency in your county. Quickly, before she leaves, you can file a petition asking for custody or, at least, an order for visitation and asking for an order enjoining her from removing the children from Maryland until the case has been heard and decided. The court will consider a lot of factors having to do with the best interest of the children, including what sort of ties they have to their local area and to Minnesota (school, friends, relatives, etc.), the strength of their ties to their two parents, the sort of neighborhood they live in and the sort of place they would live in in Minnesota, the kind of work their mother would do in Minnesota and her plans for child care, school, residence, etc., and considerations about each of you as a parent. If the court decides that the children should go with their mother, you would at least be awarded visitation, probably during school vacations.

It is not ever inexpensive to hire a lawyer and go to court on custody and visitation matters, but it is probably one of the most important things you could ever spend money and effort on, and the results, for good or bad, will be with you and with your children for a long time. I hope you and the children's mother can manage to come to an agreement for the sake of your children.