Relocating out of state with child

Moving kids to another state is a little tricky.  MN Stat  518.175  Subd 3 applies and governs here.

An easy situation would be a mom and dad who were never married, and there is no custody/pt order and mom wants to move. In that case, mom can do whatever she wants because she has full physical and legal custody and dad has nothing.

However, in most situation, the parties are either married, or there is some sort of order governing custody and parenting time.

If the parties are married OR there is an existing custody/PT order that gives the non-custodial parent any PT, then the only way the custodial parent can move out of state is:

1. Agreement of the parties
2. Court Order.

If the answer is either they are married OR there is an exiting custody/parenting time order that gives the non-custodial parent ANY parenting time then the only way out of state is:

1. court order
2. agreement by the other parent

Minn. Stat. 518175 Subd 3

1. 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.
2. The court shall apply a best interests standard when considering the request of the parent with whom the child resides to move the child’s residence to another state. The factors the court must consider in determining the child’s best interests include, but are not limited to:
   1. the nature, quality, extent of involvement, and duration of the child’s relationship with the person proposing to relocate and with the nonrelocating person, siblings, and other significant persons in the child’s life;
   2. the age, developmental stage, needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development, taking into consideration special needs of the child;
   3. the feasibility of preserving the relationship between the nonrelocating person and the child through suitable parenting time arrangements, considering the logistics and financial circumstances of the parties;
   4. the child’s preference, taking into consideration the age and maturity of the child;
   5. whether there is an established pattern of conduct of the person seeking the relocation either to promote or thwart the relationship of the child and the nonrelocating person;
   6. whether the relocation of the child will enhance the general quality of the life for both the custodial parent seeking the relocation and the child including, but not limited to, financial or emotional benefit or educational opportunity;
   7. the reasons of each person for seeking or opposing the relocation; and
   8. the effect on the safety and welfare of the child, or of the parent requesting to move the child’s residence, of domestic abuse, as defined in section 518B.01.

The burden of proof is upon the parent requesting to move the residence of the child to another state, except that if the court finds that the person requesting permission to move has been a victim of domestic abuse by the other parent, the burden of proof is upon the parent opposing the move. The court must consider all of the factors in this subdivision in determining the best interests of the child.

(1) the nature, quality, extent of involvement, and duration of the child’s relationship with the person proposing to relocate and with the nonrelocating person, siblings, and other significant persons in the child’s life;

Practice Tip:  who brought the kid to school? clothes shopping? coaching, extracurricular events,  did non-moving parent skip out on P.T.?

(2) the age, developmental stage, needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development, taking into consideration special needs of the child;

Practice Tip:  usually dealt with in grades at school, how the kid is doing? friends etc? and focus on how great the new school will be.

(3) the feasibility of preserving the relationship between the nonrelocating person and the child through suitable parenting time arrangements, considering the logistics and financial circumstances of the parties;

Practice Tip: dial in exactly how the move will work, who pays for the trips, how often, proposed parenting plan etc…

(4) the child’s preference, taking into consideration the age and maturity of the child;

(5) whether there is an established pattern of conduct of the person seeking the relocation either to promote or thwart the relationship of the child and the nonrelocating person;

(6) whether the relocation of the child will enhance the general quality of the life for both the custodial parent seeking the relocation and the child including, but not limited to, financial or emotional benefit or educational opportunity;

(7) the reasons of each person for seeking or opposing the relocation; and

(8) the effect on the safety and welfare of the child, or of the parent requesting to move the child’s residence, of domestic abuse, as defined in section 518B.01.