Search Site
Menu
Proving that Relocation Is Not in Your Children’s Best Interests

Because you and your spouse go your separate ways after divorce should not also separate you from your children. Fortunately, Minnesota laws agree.  If your ex-spouse is the custodial parent and decides to move out of state, he or she must first get your permission or the court’s approval. If you withhold your permission, the court has the authority to decide.

The relocating parent bears the burden of proving that the move is in the children’s best interests. The non-relocating parent gets the opportunity to respond to the relocating parent’s assertions and provide the court with their own evidence.

If challenging the relocating parent’s position, gather evidence that supports your claim that the children should stay where they are. The provisions of Minnesota Statute §518.175 that govern parenting time lists the factors the court must consider when rendering a relocation decision. These factors can guide you in gathering persuasive evidence. Among the factors outlined:

  • Your involvement in your children’s lives Do you coach any of your children’s teams? Do you volunteer at their schools? Do you share a love for fishing or museums or technology? Do you attend your children’s doctor appointments? Demonstrate your participation in your children’s education, sporting events, hobbies, interests, medical care and other aspects of their lives to show the court your commitment to their upbringing.
  • Your children’s relationship with relatives and other significant persons Testimony from siblings, grandparents, aunts, uncles, family friends and other important persons who live near your current residence can be powerful proof that your children’s important familial bonds would be broken by the move.
  • Effect on your children’s physical, educational and emotional development Would your children be leaving their friends, soccer team or theater group? Is your child in an enriching gifted program or a successful special needs program at school? Does your child thrive on routine that would be disrupted by a long-distance move? Provide evidence of the positive influences in your children’s current situation and how the move would deprive them of these valuable developmental opportunities.

Take action to protect your relationship with your children. A qualified Minnesota family law attorney can explain your rights and develop a strategic plan for successfully challenging the custodial parent’s proposed relocation.

Our Attorneys
Client testimonials
  • "Tori had a thorough understanding of my situation and made excellent recommendations to resolve my concerns. She was persistent on communication and handled everything in a very timely manner. I would definitely hire her again in the future if needed." - M.K.

  • "With Appelhof, Pfeifer & Hart, P.A., it is like having a family physician. They are all knowledgeable, thorough, comforting, and the only call I need to make for all my legal needs for many years to come. No matter what the matter, I totally trust their advice and commitment to me and my family." - J.N.

  • "Mary from APH Law helped me thru a difficult divorce. She and the entire staff was there for me every step of the way helping me on what to do next. They listened to what I wanted and helped me achieve what matter the most to me in the divorce settlement." - Dana C.

  • "I chose APH after my initial consultation with Mary. I felt my best interest would be represented. The entire process went excellent, the attorneys and staff communicated effectively and efficiently with me throughout the process as they needed to. Being new to the legal process and verbiage, they walked me and talked me through the next steps and the jargon, I felt completely comfortable and represented. I hope I never have to use legal services again but if I do I will call Mary at APH Law and know that I will be taken care of." - Jeff M.

  • "Divorce is a time of emotion and stress. Mary Pfeifer , My lawyer was professional and compassionate. She was very informative through the process. Her insight helped me in my decisions. She worked hard to obtain a settlement which was fair to both parties. Though, I hope I won't need her help again. It is reassuring to know a good person that is willing to help." - Rod S.

  • "I first came to Ms. Jacquelyn Lutz of Appelhof, Pfeifer and Hart in October of 2016. It was definitely the worst time in my life and she compassionately spoke with me about my options. Ms. Lutz thoroughly explained the laws, statutes, process and what to expect going forward. What was supposed to be one case, turned into three intricate cases that took a huge toll on me and my family. Ms. Lutz represented me in court on all three cases with a vast knowledge of the laws and how to proceed accordingly. During all three cases she kept me informed, calm, gave me resources to utilize, and (most important) gave me a realistic view of what may come next. Ms. Lutz knew each case required a great deal of knowledge and creative thinking on how to legally proceed forward with each case. My family and friends are forever grateful for the amazing representation by Ms. Lutz. I highly recommend Ms. Lutz for anyone needing or considering superb representation for any kind of family law. " - M.H.

AWARDS & RECOGNITION


superlawyers
Contact us

Quick Contact Form