Legal Question in Family Law in Minnesota

Re: i have a question

I read your question to ask whether a party with joint legal custody can take the children out of Minnesota for the purpose of travel, vacation, etc., if the other party has sole physical custody. That isn't precisely how the question is phrased, but I gather that is its meaning.

The answer is that either party can take the children out of Minnesota for a trip, regardless of which parent has legal or physical custody, so long as it is not intended to be a permanent move. In other words, if a parent is going for a drive along the Wisconsin border, he or she does not have to stop and get permission before crossing the bridge to Hudson. Naturally, a trip to Florida, for example, may require some advance notice, and that would be expected, but it is not legally required, strictly speaking, unless the divorce decree or another order contains specific language on the issue.

If you are inquiring about moving to another state -- with the children -- that is a different matter. Regardless of which party has physical or legal custody, or whether it is joint, the party who is moving will need the other party's permission, or the permission of the court.

Thank you for your question.

Re: i have a question

Either party may take the children out of the state on trips if there is no specific preclusion on that in the court order. Of course, like any other parenting time, it should not interfere with the other parents court ordered schedule with the children.

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