Legal Question in Family Law in Minnesota
I am a single mother who about a month ago took my sons dad to court with a motion to try and move out of state to Louisiana with my fiance. The motion was denied due to my lack of supporting evidence which I had, but that was not filed with my origional paperwork. I also was not represented by an attorney, my sons dad was. However, the situation is changing. My fiance and I are looking to get married over Thanksgiving and I was wondering if this would be beneficial to my case if I was looking to file another motion following our marriage. I also have a few other questions on whether it would be beneficial to go down to Louisiana and get a job prior to a court date, and though at this time I am not allowed to move with my son, because I would be back, could I take him with me or would I need to leave him in Minnesota til court and further decisions were made. Also, I am at the point of being homeless and was wondering if that played a factor in any sort of way. Please advise in ANY way you possibly can! It would be greatly appreciated. Thank you!
1 Answer from Attorneys
To file a new motion, you must have sufficient new facts for a court to determine that the rrelocatoin would not interfere with the other parent's parenting time and that it is in the best interests of the child. A marriage alone is unlikely to provide a sufficently new basis to support such a motion. The reasons for the relocation would be critical and, certainly, any facts that support an argument that things would improve for the child would be important, such as a better job, better housing, better schooling. You cannot relocate with the child,even briefly, without a court order. Doing so is like.y to result in a court order changing custody.
Such motions are not simple and you would be wise to hire legal counsel.
For Minnesota issues visit divorceprofessionals.com or call 612.240.8005.
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