How Minnesota Family Courts Handle Relocation of a Parent

Relocation can be a complex issue for families, particularly in the context of Minnesota family courts. When a parent wishes to move and this relocation affects custody or parenting time, the matter often requires careful legal consideration. Minnesota law takes these matters seriously, prioritizing the best interests of the child while also respecting the rights of parents.

In Minnesota, when one parent intends to relocate, they must notify the other parent, especially if the relocation will affect the existing custody arrangement. This notification ensures that both parents are aware of the changes and can make informed decisions regarding their child's welfare.

After the notification, the non-relocating parent may contest the move. They might argue that the relocation would negatively impact their relationship with the child. The family court will then evaluate the situation to determine whether the move is reasonable and in the child’s best interests.

Several factors are considered during this evaluation, including:

• The Reason for Relocation: Courts assess whether the move is motivated by a legitimate reason, such as a job opportunity, education, or family support.
• Child’s Relationship with Both Parents: The court examines how the relocation will affect the child’s relationship with the non-relocating parent.
• Impact on the Child: Courts consider how the move will impact the child’s emotional, educational, and social well-being.
• Feasibility of Parenting Time: The court looks at whether a modified parenting time schedule can be established to maintain the child's relationship with both parents.
• Child’s Preference: If the child is of sufficient age and maturity, their preferences may be taken into account.

If the non-relocating parent opposes the move, they may file a motion with the family court. The court then schedules a hearing where both parents can present their cases. It’s essential for the parents to gather relevant evidence and possibly obtain legal representation to advocate for their interests.

If the court approves the relocation, a new parenting plan will typically be created to reflect the changes, including adjusted visitation schedules to ensure that both parents remain involved in the child's life. Conversely, if the court denies the request to relocate, it may impose measures to facilitate better co-parenting without disrupting the established custody arrangement.

Overall, Minnesota family courts strive to ensure that any relocation decision is made with the child's best interests at heart. Parents facing relocation should consult with a family law attorney to understand their rights and options fully. By doing so, they can navigate the complexities of the legal system more effectively and work towards a solution that benefits their family.