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Factors a Court Will Consider in Allowing Child Relocation

Sometime after your divorce, you may wish to move away from Minnesota. However, if you are in custody of your children, you might find this to be legally challenging, especially if the other parent objects to the move. And, if you’re the noncustodial parent, you might lose a lot of parenting time.

To that end, courts will analyze a variety of factors associated with relocation before approving the relocation with the child and/or altering the child custody arrangement in any way. Below are some of the factors that could influence the court’s decision, specifically regarding allowing custodial parents to move out of state:

  • The extent of the child’s involvement and overall condition of the child’s relationship with each the custodial and noncustodial parent, as well as siblings and other important people in the child’s life
  • The child’s age and development
  • The effect relocation would have on the child’s development
  • The reason for relocation
  • Whether the relocation would enhance the quality of life for the child and custodial parent
  • The reason one parent opposes the move
  • The child’s preference (in some circumstances, depending on the child’s age and maturity)
  • The ability to preserve the relationship of the noncustodial parent and the child through visitation
  • Any other needs of the child that exist

Courts are hesitant to allow relocation with the child, but it is something the courts will consider in certain circumstances. For assistance with this process, consult a skilled Minnesota family law attorney with Appelhof, Pfeifer & Hart, P.A.

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