Moving Out of Minnesota with Children

In Minnesota, a parent needs to obtain permission from either (1) the other parent or (2) the court to relocate a child across state lines. This rule applies unless the non-custodial parent has not been granted any parenting time under the child custody agreement.

Laws Regarding Moving with Children

Minnesota Statute 518.175, Subd. 3(a) states: “The parent with whom the child resides shall not move the residence of the child to another state except upon order of the court or with the consent of the other parent, if the other parent has been given parenting time by the decree. If the purpose of the move is to interfere with parenting time given to the other parent by the decree, the court shall not permit the child's residence to be moved to another state.”

Permission for relocation by the court will be based on:

  • the child’s age and stage of development
  • the child as a result of the move, and the reason for relocation
  • the change in quality of life for both the custodial parent
  • the court’s determination of the child’s best interests

Burden to Prove Move is in the Best Interest of the Child

The parent desiring relocation must prove the move is in the best interests of the child, unless the court finds evidence that the requesting parent has been the victim of domestic abuse at the hands of the other parent. If the exception applies, then the burden shifts to the parent opposing the move to prove that relocation is not in the best interests of the child.

From the Author: Minneapolis Divorce Attorney Chris Banas

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