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:
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.
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