Moving Out of State with Children

A parent may not relocate a child across state lines without first obtaining permission from either the other parent or the court, unless the non-custodial parent has not been granted any parenting time under the child custody agreement.

According to Minnesota Statute 518.175, Subd. 3(a):

“The parent with whom the child resides shall not move the residence of the child to another state except upon order of the court or with the consent of the other parent, if the other parent has been given parenting time by the decree. If the purpose of the move is to interfere with parenting time given to the other parent by the decree, the court shall not permit the child's residence to be moved to another state.”

Permission for relocation by the court will be based on the court’s determination of the child’s best interests as determined by such factors as the child’s relationship with the non-custodial parent, the child’s age and stage of development, the change in quality of life for both the custodial parent and the child as a result of the move, and the reason for relocation.

The parent requesting permission for relocation must prove the move is in the best interests of the child, unless the court finds evidence that the requesting parent has been the victim of domestic abuse at the hands of the other parent, in which case the parent opposing the move must prove that relocation is not in the best interests of the child.

Relocating within state lines is not subject to the same regulations as moving out of state. However, if the parents have joint physical custody, or the move would alter the court-ordered parenting time agreement, a modification order and/or court approval may be required.

For more information on out-of-state or in-state moves, contact Banas Family Law, P.A. at (651) 361-8109 now.