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Can I relocate my family if sharing a child custody arrangement?

Many Minnesota families are living in situations of blended families or of single parent and child. There is nothing wrong with this family arrangement except for when a child custody arrangement may be getting in the way of your moving plans. If you have decided it is best for you and your family to relocate, it may need to be approved. There are a few ways to do this depending on the circumstances of the Minnesota child custody arrangement.

Some parents decide that it is in their family's best interest to relocate from their Minnesota home. Whether this is to live closer to family members, a job opportunity or some other reason, sometimes moving is best for the family. If the non-custodial parent still plans on residing in Minnesota, they may or may not agree to the relocation of their child, which may force a long-distance relationship between parent and child. There are several ways to seek the approval a moving parent needs in order to relocate.

Express consent, notice and consent, distance and good faith burden of proof are all means of achieving relocation approval from the child custody courts. Express consent is the easiest, meaning that in the initial child custody arrangement the parents agreed to some type of relocation clause.

Express is similar but does allow the non-custodial parent to file a motion to prevent relocation if he or she so chooses. Distance can determine the approval of a move, especially if it is within a certain amount of miles from the non-custodial parent. Further, some jurisdictions require a complicated process known as good faith burden of proof.

While some non-custodial parents will be okay with a move, some are not as pleased. This can be somewhat understandable as the distance can make it difficult for the child to have a relationship with the non-custodial parent. The court will determine all pros and cons of the move and will find in the best interests of the child. Naturally this is dependent on many factors affecting both parent and child.

Source: family.findlaw.com, "Child Custody Relocation Laws," Accessed Jan. 4, 2016

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