Relocation disputes are difficult for parents and children alike. If you share joint custody and want to move, it’s helpful to understand what Minnesota law requires and how courts decide whether a move is allowed. An experienced custody attorney can review your custody order and explain your rights and obligations.
How Minnesota Law Treats Joint Custody and Relocation
When you have joint legal and physical custody, both parents share decision-making responsibilities and time with your child. Minnesota law treats relocation differently depending on whether the move affects the other parent’s ability to maintain regular contact. If the parents disagree and the move would significantly change the parenting schedule or make visitation difficult, the moving parent must get the court’s permission. Even if you’re the parent with primary physical custody, you can’t disrupt the schedule without either the other parent’s written consent or a court order allowing the move.
When Do You Need the Court’s Permission to Move?
Parents often seek relocation for legitimate reasons, like a new job opportunity, remarriage, proximity to extended family, or simply a more affordable cost of living. However, even valid reasons don’t automatically guarantee court approval.
If both parents agree to the relocation, the process is simple: you put the agreement in writing and submit it to the court for approval. However, if the other parent objects, you’ll need to file a motion asking the court to approve the move. The court will hold a hearing to decide whether relocation is in your child’s best interests.
In some cases, the court appoints a guardian ad litem or custody evaluator to investigate and make recommendations. This process can take time. Get legal guidance early if you think a relocation dispute is in the cards.
Minnesota law doesn’t specify a fixed number of miles you can move before you need court approval. The key question is whether the move would “significantly impair” the other parent’s ability to have their parenting time. For example, moving from Minneapolis to Duluth might require court involvement, while moving across town usually wouldn’t.
How Courts Decide Relocation Cases
The court’s focus is always on the child’s best interests. Judges consider these factors to decide what that is:
- Your child’s relationships with both parents, siblings, and other important people.
- Your child’s age and developmental needs, and how the move might affect them.
- How feasible it is to preserve the relationship between your child and their other parent.
- Your child’s preference, if the court finds them mature enough to express one.
- Whether you have a good-faith reason for the move (that is, whether the move is meant to interfere with the other parent’s relationship).
- Each parent’s willingness to support the child’s relationship with the other parent.
Modifying Custody or Parenting Time
If a relocation would make the existing parenting plan unworkable, you can request a modification. Minnesota courts can adjust parenting time to reflect new distances, travel costs, or schedules. The goal is to preserve a meaningful relationship with both parents while making allowances for practical considerations.
Discuss Your Case With a Custody Lawyer From Terzich & Ort, LLP
Relocation with joint custody can be complicated, especially when parents disagree. Getting early legal guidance is the best way to understand the possible outcomes and the next steps, especially if you think there may be a dispute.
Terzich & Ort, LLP, helps parents evaluate relocation options and navigate the court process. Whether you’re the relocating parent or want to preserve your time with your child, we can help. Contact our law firm today to discuss your situation and find the best path forward for your family.
