It's important to remember that if a Minnesota non-custodial parent has not been granted parenting time by a court, then the custodial parent does not need his or her permission to move out of state. Also, if the non-custodial parent has been granted parenting time and that parent agrees with the decision to move, then the custodial parent can move. However, if the non-custodial parent does not agree with the decision to move, then the custodial parent must ask for permission to move from a Minnesota court. But what are some of the factors that will allow a post divorce custodial parent move out of Minnesota?
There are several factors that a Minnesota court will take into account after it receives a request to move out of state. The first factor is the type of relationship that the child has with each of the parents as well their relationship to their brothers and sisters and other family and friends. The court will also take into account the child's age, their specific needs as well as how the move may affect the development of the child.
A court will also explore the feasibility of a move by seeing if the child can still have a relationship with the non-custodial parent by looking at the logistics of the move as well as the parents' financial condition. The court will also ask the child what they want to do while considering the maturity level of the child.
An additional factor that the court will explore is the conduct of the custodial parent. The court will try to determine if the parent's behavior either encourages or discourages the child's relationship with the non-custodial parent.
There are several other issues that a Minnesota court will examine including why each parent wants or doesn't want the move. However, relocating from one state to another after a divorce is a serious decision and it should not be made arbitrarily. Any Minnesota resident who is considering parental relocation may want to speak to a child custody attorney in order to explore all of the implications of this decision.
Source: lawhelpmn.org, "Moving the children out of Minnesota," Accessed Oct. 11, 2015