There are many things that can complicate a relationship between a parent and a child after a divorce. This is especially true for a non-custodial parent. There are even some instances where a custodial parent may want, or need, to move out of state with the child.
Such a move would obviously have a major impact on the parenting time of the non-custodial parent. Because of this, a custodial parent cannot simply relocate without the permission of either the non-custodial parent, or the court.
If you are involved in a motion to move out of state, either as the custodial or non-custodial parent, our child custody relocation lawyers in Minnesota can assist you in your case. We can help you get permission to relocate, or we can defend against an attempt to move by the other parent.
Out-Of-State Relocation Factors
In order for the court to grant permission for a custodial parent to move out of state with a child, it must be determined that the move is in the best interest of the child. There are several factors that child and parental relocation lawyers in Minnesota can assist with and that the court will consider when making such a finding. These factors include:
- The reason for relocation;
- The relationship the child has with the non-custodial parent;
- The age of the child;
- The developmental stage of the child; and
- Whether or not the relocation will change the quality of life for the child and the custodial parent
The court will carefully examine each of these factors before making a decision regarding the motion to move out of state. If the court finds that the move is in the child’s best interest based on these factors, then it will most likely grant permission for the custodial parent to move out of state with the child.
However, the courts will also consider the purpose of the move. If the court believes that one of the goals of the move is to interfere with the parenting time of the non-custodial parent, then the motion may be denied.
Burden of Proof
In relocation cases, the burden of proof is with the parent who wants to move to another state. If the custodial parent wants to move with the child, then he or she must show that it is in the child’s best interest. This is a recent legal shift, and our child relocation lawyers in Minnesota can expertly guide you through the process. In the past, the non-custodial parent was responsible for proving that the move would not be in the best interest of the child.