Legal Question in Family Law in Minnesota

Re: Moving out of state

If he truly has full custody, there is a presumption that the move will be in the best interests of the minor child. As long as he can demonstrate that he has good intentions for moving, and is not doing it to deny his ex any contact, he should have a good opportunity to prevail. We offer a free initial consultation. Please have him call me to set up an appointment so that we can speak for an hour at no charge about what needs to be done.

Re: Moving out of state

Thank you for the e-mail.

Minnesota Statutes include a presumption that it is in the best interest of a child to remain with the custodial parent. To relocate out of the state with the minor child you must first have:

(1) an agreement of the parties; or

(2) permission of the court.

If an agreement cannot be reached, permission of the Court may be sought by filing a motion with the Court. You should not take anything for granted. Prepare carefully for your motion. The motion should be supported by documentation demonstrating that you have though the matter through and that the relocation is in the child's best interest. To prepare, you may wish to include the following:

NEIGHBORHOOD & SCHOOL.Know where you will be living and describe the benefits of the neighborhood and the schools the child will attend (photos are helpful);

DAYCARE. Research any daycare facilities that you intend to use and include as part of your motion a brochure or contract from the provider;

EMPLOYMENT. If you are moving to improve yourself financially, include information regarding your new job or your planned education including any employment contracts or offers, benefit information or brochures.

HEALTH. If there are any health considerations regarding the move, include those as part of your motion. For example, if you are moving to a warmer climate that benefits asthma (yours or the child's) include that in your motion.

To contest the move, the opposing parent must demonstrate that the move is not in the child's best interests. To do so, the parent must demonstrate that the move endangers the child and that the endangerment is created by specific threats.

If the Court allows the relocation, it often requires the party moving to pay more of the transportation costs related to visitation.

There is no "standard" visitation schedule when the visitation must occur at a distance. Often, however, the courts grant the non-custodial parent extended access times for fall breaks, spring breaks, Christmas breaks and summer months.

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