Legal Question in Family Law in Minnesota
Moving within the state...I am planning on moving next year to Duluth, MN. Right now currently residing in the Twin Cities area. I have sole physical and joint legal of my son. My ex husband has stated he will not allow this move as he doesn't want to drive that far, even though I have told him I would agree to meeting half way when he is set to have him time with our son. Right now he picks him up at the start of his time and I pick him up when it's time for him to come home. The move will not affect his parenting time what so ever. Can he stop me from moving?
3 Answers from Attorneys
There is nothing that requires a court order or consent of the other parent for a relocation within the state so long as existing parenting time orders can be maintained. However, in most cases where one parent moves further away, a court may require that parent to provide the majority of transportation for parenting time purposes if the matter is brought before it.
For Minnesota issues visit divorceprofessionals.com or call 612.240.8005.
Mr. Beauslier is correct that there is nothing that requires a court order or consent of the other parent for a relocation within the state. The district court may, however, rule that an in-state moving restriction is in the best interests of the child. The child's residence would be only one of numerous factors that the court would consider in making a custody ruling, but it may give your husband a fighting chance to modify the custody order.
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