Child custody in Minnesota requires that both parents honor the best interests of the child. When it comes to child custody, emotions can become frayed, disagreements can arise and the entire situation can be complicated for everyone involved. One issue that may cause strife between the parents is if there is an attempt on the part of the custodial parent to relocate with the child out of Minnesota. The law has certain factors that will be taken into account as to whether this can take place.
If the parent wants to move to another state with a child, it is not permissible unless the court has given an order or the noncustodial parent, if he or she has been given parenting time as part of the decree, has consented. If a parent whose intent upon moving is to interfere with the other parent having time with the child, the court will not allow it. The court will consider the best interests of the child when deciding whether or not to allow the relocation.
With regards to the best interests of the child, the following factors will be taken into account. One factor is the involvement of the child with the parent who is relocating, the other parent along with other important people in the child's life. Other factors include the child's age, development and needs, and how the change will impact the child's education, emotional and physical development. In addition, the court may consider how feasible it is to preserve the relationship between the parent who is not relocating and the child with arrangements when it comes to parenting time and the circumstances of it. The child's preferences, provided he or she is of age to contribute, may also be considered.
Another consideration will be if the child's quality of life will be improved if there is a relocation. Why the custodial parent wants to relocate and the noncustodial parent would like to prevent it may also be considered. Finally, the court may consider how the child's safety and welfare will be influenced by the move. The parent who wants to relocate will have the burden of proof unless there was domestic abuse on the part of the parent who is objecting.
As this shows, relocation is a complicated issue. A divorce attorney may be able to help those with questions about the process.
Source: revisor.mn.gov, "518.175 Parenting Time -- Subd. 3. Move to another state.," accessed on Oct. 25, 2016