Legal Question in Family Law in Minnesota

Whether or not you can move depends on several factors. First, has the father's paternity been properly established, whether because he signed a recognition at the time of birth, or through a legal proceeding? Second, if his paternity has been adjudicated, does he have any parental rights -- in particular, has he been awarded parenting time? If his paternity has never been adjudicated, and he does not have any parental rights established by court order, there is little restriction on your right to move out of state. If, however, his parental rights have been established, and certainly if he has parenting time, I would recommend you obtain an order of the court permitting you to move the children to a different state. Whether the court will allow you to leave the state depends on the reason for your move, and how it will affect his relationship with the children. If you are moving for the purpose of limiting his contact with the children, or it appears you are doing so, the court may not allow the children to be removed from Minnesota. If you are moving to take a job in another state, or have married and your spouse is moving because of a change in employment, then the court will typically allow you to move the children out of Minnesota. When the court approves a move, it will often also consider whether the parenting time schedule should be modified, since the visiting parent's time with the children may be substantially compromised by the move. In some cases the court will compensate for lost time during the school year by expanding the non-custodial parent's time during the summer, although results can vary widely depending on the age of the children, their relationship with the parent, and other factors.

You should consult an attorney before making a decision about your move, and frankly, even before announcing your plans to the father. Please feel free to contact my office for assistance.

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