Minnesota Custody Laws Moving Out State

At Kohlmeyer Hagen, Law Office Chtd., our family law lawyers in Minnesota have extensive experience in handling custody cases. If you have any questions about moving parents, we`re here to help. To request a free and confidential initial family law consultation, please contact us now. From our law firm in Mankato, we represent parents throughout southern Minnesota, including Blue Earth County, Nicollet County, and Le Sueur County. However, there is a limit. If the custodial parent plans to move and the other parent becomes aware of it, he or she may initiate custody proceedings. He could then try to establish parental leave rights and block the move. In 2006, the Minnesota Legislature passed legislation that further limited a custodial parent`s ability to move their child out of state. The Parental Relocation Act applies to children whose parents have joint custody or for whom a non-custodial parent has access rights. Under the law, a parent who wants to take a child out of the state must be asked one of the following questions: A question that many divorced/separated parents have asked: Can I take my child out of the state? The short answer is „yes“ – but only if you follow the right procedures. If you have joint custody or your former partner has visitation rights, Minnesota law prevents you from simply packing your bags and leaving the state. Example #2 – Jane and John are still divorced and have two children, but in this case, John has parental leave with the children every two weeks (joint custody). In this situation, a different law applies when Jane asks to leave the state with the children.

That`s because Jane isn`t just asking to leave the state; she is asking for a change of detention. It would be impossible for John to have parental leave every two weeks if the children lived in California. Under Minnesota law, changes of custody are harder to obtain than an out-of-state move request. Before you can do this legally, you must obtain the consent of the other parent or obtain permission from a court. Failure to comply with the law could lead to serious problems. Here, our mankato duty attorney, MN provides an overview of our state`s parental relocation laws. If the parent who does not move does not agree, it is very difficult to obtain approval for a move by a judge. It is assumed that this is in the best interests of the child, that he or she has access to both parents. The judges recognize that, in many cases, a move can mean the effective breakdown of direct contact with the parent who is not moving.

Although this happens, it is difficult for a parent to move with the child(ren) to another state if the other parent has parenting time and is against the move. (c) The burden of proof lies with the parent requesting that the child be transferred to another State, except that where the court finds that the person applying for permission to move has been a victim of domestic violence by the other parent, the burden of proof lies with the parent who opposes the move. The court must consider all the factors of this subdivision in determining the best interests of the child. The first obstacle to filing an application for a change of custody is that it cannot be filed within one year of the issuance of the initial order or two years after a previous amendment. If the child is at risk, the time restrictions will be lifted. Second, to obtain a change of custody, the requesting parent must first prove that moving out of the State would be in the best interests of the child. If this first proof is provided, the party requesting the change must meet one of the following conditions: the parent requesting the move has the burden of proving that the move is in the best interests of the child, unless there is domestic violence. To determine whether a custodial parent can move a child out of state, the analysis is not just about how the move affects the visit. The key question is whether the transition to the above standards is in the best interests of the child. The court will not approve a measure if its purpose is to interfere with parenting time, but the court will also not reject the decision simply because it may require adjustment to the existing model of parenting time. .