Motions to Move out of State: New Standards

November 19, 2012 | Category: Custody, Parenting Time, Post-Decree Motions

One change that has occurred in Minnesota law in recent years is found in the statute pertaining to relocation out of state with a minor child. Under the old law, the non-moving parent had the burden of proof when it came to explaining to the court why the child shouldn’t be taken out of state. Now, however, it is the moving parent who has burden of proof; they must prove why such a move serves the best interest of the child.

The new law matches the majority of other states.

In Minnesota, the moving parent is to not move the child out of state without a court order, or written consent of the other parent. It must be shown that the purpose of the move is to not interfere with parenting time. If it is found that the custodial parent is trying to interfere with parenting time, the move is unlikely to be appoved.

In reviewing the requested move, the court will examine a number of issues:

  • The court must determine whether the move is in the best interest of the child.
  • The age and developmental state of each child is considered by the court, as is the nature of the of impact the relocation will have on the child’s physical, emotional, and educational development.
  • The feasibility of preserving the relationship between the child and the non-custodial parent is considered, as well as a suitable parenting time arrangement, given the proposed distance between homes. Financial resources are considered, especially in light of the exepense associated with airline tickets.

Generally, if there is a compelling basis for the move, the court will permit it. The most common reasons for relocation involve new employment opportunties for a parent, or healther social structure for a child.

Our attorneys have handled many cases involving a request to move out of state. We’ve successfully obtained permission for a client to move, both regionally and nationally, from Wisconsin, Michigan and North Dakota to Arizona and Nevada. To reach our lawyers, please call 763-323-6555.

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