The Challenges of Parental Relocation Requests in Minnesota

Life after a Minnesota divorce can be difficult in more ways than one. After you've gotten divorced, you may face an adjustment period to a newly single life, possible reduced income, and, in the case of kids, life as a single parent.

When it comes to your kids, you're probably a bit more strapped for time. And depending on your child custody agreement, you also now have to share your child's time with your former spouse through court-ordered child visitation.

Whether you got divorced in St. Paul 2 months ago, or 2 years ago, maybe your extended family lives in California and you've been feeling the pull to be closer to your roots. If you are the custodial parent, moving out of state with your child is easier said than done.

Minnesota Parental Relocation Requests

Aside from the emotional rise you may get out of your former spouse at the mere mention of the idea, you have Minnesota courts to contend with. While an out-of-state move after getting divorced in St. Paul is not impossible, it can be an arduous process.

If your current child custody arrangement has been working well since getting divorced in St. Paul, you may find that Minnesota courts are hesitant to make any changes.

In addition, Minnesota state laws dictate that the parent requesting the relocation has to prove that relocation is in the child's best interests. This means the parent has to prove that a move to another state will still be good for the child, even if it means significantly reduced time with the other parent.

This is why it helps to talk with a St. Paul family law attorney if out of state relocation may be in your future. A St. Paul family law attorney can analyze the success of your current child custody arrangement and figure out the strengths and weaknesses of your parental relocation case. In addition, a St. Paul family law attorney is well versed in the court's considerations with parental relocation requests.

Court Considerations with Minnesota Parental Relocation Requests

Some considerations in parental relocation requests include:

  • whether the child has siblings;
  • whether the child even wants to move with the custodial parent;
  • the effect a move would have on the child's education;
  • the effect the move would have on the child's quality of life; and
  • the opposing parent's reasons.

Parental relocation requests are a form of child custody modification, which can be quite involved after you've been divorced in St. Paul. A St. Paul family law attorney can minimize the burdens of your situation by strategically building your case while handling the time-consuming paperwork and legal procedures.

How to Contest a Minnesota Parental Relocation Request

Perhaps you've been divorced in St. Paul and your former spouse is the custodial parent. When you learn about your child's possible move out of Minnesota, and want to contest it, you do have options. A St. Paul family law attorney can help represent you and your child's interests if this is your situation.

When the custodial parent requests a parental relocation and you contest it, the following actions will occur:

  • motions will be filed in court;
  • the case will be presented to a judge;
  • parenting time plans will be modified (if a move is approved); and
  • responsibility for transportation costs will be allocated (if a move is approved).

A St. Paul family law attorney can help to prove the child's current living situation and custody arrangement is in their best interests if your case goes to court.

Staying Current with Minnesota Child Custody Law

Whether you are the parent considering a move out of Minnesota, or are trying to stop the move, it's best to have a St. Paul family law attorney involved in your case. In addition to legal experience, knowledge and the ability to build a case for you, a St. Paul family law attorney is also most likely to be up-to-date on any legal changes in the Minnesota child custody arena, especially when dealing with out-of-state moves.

Burden of Proof with a Minnesota Parental Relocation Request

Until 2006, the parent contesting a parental relocation request had the burden of proof to show the move was not best for the child. That changed when legislation updated Minnesota child custody law to streamline it with the majority of other states. Since the legal changes in 2006, it's been up to the parent requesting the parental relocation to prove the move is best for the child.

Conditional Custody with a Minnesota Parental Relocation Request

More and more, Michigan courts are placing conditions on child custody when it comes to relocation. After getting divorced in St. Paul, courts will award child custody with the stipulation that the parent must remain in Minnesota. If the custodial parent really wants to move out of state, there is a good chance the courts may allow the parent the freedom to move, but then rule that the child live with the non-custodial parent.

Laws and regulations are constantly being revised and refined, and if you have a St. Paul family law attorney who is always in tune with the latest changes, you'll have that much more of an advantage with your Minnesota parental relocation case.

Get Legal Help Now - Contact a St. Paul Family Law Attorney

Banas Family Law, P.A., will give you the personalized service you need to resolve your family law issues, whether you are dealing with a Minnesota divorce, spousal support or child custody. Contact us today for a consultation with an experienced St. Paul family law attorney - 651-361-8109.