Legal Question in Family Law in Minnesota

Re: taking full custody and moving

You ask two questions really. First, is a change of custody possible? A change of custody is possible only under certain circumstances when the child has been integrated into the other parent's home, or there is endangerment. Minnesota Statues provide as follows:

"(d) If the court has jurisdiction to determine child

custody matters, the court shall not modify a prior custody

order unless it finds, upon the basis of facts, including

unwarranted denial of, or interference with, a duly established

visitation schedule, that have arisen since the prior order or

that were unknown to the court at the time of the prior order,

that a change has occurred in the circumstances of the child or

the parties and that the modification is necessary to serve the

best interests of the child. In applying these standards the

court shall retain the custody arrangement established by the

prior order unless:

(i) both parties agree to the modification;

(ii) the child has been integrated into the family of the

petitioner with the consent of the other party; or

(iii) the child's present environment endangers the child's

physical or emotional health or impairs the child's emotional

development and the harm likely to be caused by a change of

environment is outweighed by the advantage of a change to the

child."

Your second question is whether you can move. There is no restriction on relocation within the state. However, custody and visitation schedules will have to be addressed. If you are unable to resolve those issues through mediation or by agreement, a hearing may be necessary.

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