Know Your Rights About Relocation Of A Child After Divorce

There are many reasons that a parent may wish to relocate with children, including obtaining a new job, remarriage or a desire to be closer to family. If a move is foreseeable while you are going through a divorce, it is best to discuss and agree upon the terms for relocating the children during the divorce process. Relocation issues to agree upon may include:

  • Conditions upon which a move may occur,
  • How parenting time will change, and/or
  • What professionals or process will be used to determine how parenting time will change

For some parents, a parenting consultant can help in determining whether the children will move and if so, what the new parenting time schedule will be. For other parents, using a mediation process to work out terms for a move and a new schedule is best.

Yet for some parents, the only viable process for determining whether the children can move and what a new parenting time schedule will be is the traditional court process.

You probably have many questions about child relocation and what your options are if you wish to move out of state. Or, you may want to contest a child relocation. We help with relocation issues, including custody and parenting time modifications matters. Contact us to schedule a consultation with an experienced Minneapolis child relocation lawyer.

Understanding Minnesota Law For Child Relocation

Minnesota Statutes Section 518.175, subd. 3 governs a judge's decision as to whether children may move to another state. The court is to make a decision that is based on the best interests of the children, considering such factors as:

  • The nature, quality, extent of involvement and duration of the child's relationship with each parent, siblings and other significant people in the child's life
  • The age, developmental stage, needs of the child and likely impact the relocation will have on the child's physical, educational and emotional development
  • The feasibility of preserving the relationship between the non relocating parent and the child through suitable parenting time arrangements
  • The child's preference if the child is of sufficient age and maturity
  • Whether the relocation will enhance the general quality of life for both the relocating parent and the child
  • The reasons for relocation and for opposing relocation

Keep in mind that the parent seeking to move the children has the burden of proving to the court that the move is in the child's best interests.

Contact An Experienced Edina Child Custody Dispute Attorney

For more information, or to schedule an appointment with an experienced Edina child custody dispute attorney regarding a relocation or move-away, please contact us.