At some point after your divorce, you or your spouse may want move from Minnesota. If you are a custodial parent, however, your options for relocating may be limited if the other parent objects to your move. If you are the noncustodial parent, the custodial parent’s relocation could jeopardize your parenting time with your child. In either situation, the attorneys at Appelhof, Pfeifer & Hart, P.A. can help. We are experienced in resolving a wide range of family law disputes, including child-relocation issues.
Under Minnesota law, a custodial parent cannot move with the child to another state without court permission or the consent of the noncustodial parent, if the noncustodial parent was awarded parenting time (visitation). Failure to obtain consent or court approval could result in a change of child custody.
If the custodial parent asks the court for permission to move despite the objections of the noncustodial parent, the court must make its decision based on what serves the best interests of the child.
The parent requesting the relocation bears the burden of proving that the move is in the child’s best interests, unless the custodial parent has been the victim of domestic violence by the noncustodial parent. In that case, the burden of proof shifts to the noncustodial parent to prove relocation is not in the child’s best interests.
A court will not give a custodial parent permission to move if the court determines that the purpose of the move is to interfere with the noncustodial parent’s parenting time.
Minnesota law specifies a number of factors that courts must consider when deciding whether to allow a custodial parent to relocate with a child to another state after a divorce, including:
A custodial parent may move at any time with the noncustodial parent’s written consent. If your divorce decree does not include a locale restriction as a condition of retaining custody, you may be permitted to move anywhere in Minnesota without a court order or the noncustodial parent’s consent. It is prudent, however, for a custodial parent to consult an attorney before moving anywhere. When relocation is an issue after your divorce, the family law attorneys at Appelhof, Pfeifer & Hart, P.A. can advise you of your options, whether you are the custodial or noncustodial parent.
With offices in Oakdale and Braham, Appelhof, Pfeifer & Hart, P.A. serves clients throughout Minnesota including in Washington County, Dakota County, Burnsville, Eagan and Woodbury, MN. Call 651-760-7524 to arrange an appointment or contact us online. Flexible scheduling is available.
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"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.