Moving with a Child

Moving with a child is a concern many parents have with their children.  Sometimes a new job opportunity or better familial supports exist someplace else.  These may make life better for the child, but at a cost of losing potentially a lot of contact with the other parent.

Moving with a Child out of State

If the non-moving parent has parenting time rights with the child, then in order to move out of Minnesota with the child the moving parent must either get an order from a Judge to be allowed to do so or sign and submit a written agreement between the parents to allow the move.

If the non-moving parent does not agree, it is very difficult to have a Judge approve a move.  It is presumed that it is in the best interests of the child that he or she have access to both parents. Judges realize that a move in many cases may mean effectively cutting off direct contact with the non-moving parent.

Best advice is to at least try to come to some kind of agreement with the other parent that allows the move.

If the non-moving parent, however, does not have parenting time ordered, the custodial parent may move without his or her permission and without court order.  This can often be a strategic decision as the non-custodial parent may simply immediately motion the court to have the child returned to establish parenting time.  Usually this hearing would be granted.

Moving with a Child within Minnesota

Currently, there is no restriction on moving with a child within Minnesota.  No permission is needed from the other parent nor from the court, even if the other parent has parenting time.

This creates the odd scenario that someone could move from St. Paul to Brainerd without permission, but could not move from Woodbury to Hudson, Wisconsin.

However, again as a practical matter, if one parent were to all of a sudden move far away within in the state, the other parent could motion the court to return the child so a hearing could be held on the move and whether it was in the child’s best interests.

If you have more questions, please review the links to the left, head back to the MN Family Law Attorney home, or visit Majeski Law.  If you’re interested in retaining an attorney, please feel free to email or call using the links in the upper right.