Separated parents of minor children often find themselves facing the dilemma of whether they can move to another state with their minor child? As Minnesota law has evolved, such a move has becoming increasingly more difficult. Under Minnesota law, a parent with whom a child resides shall not move the child’s residence to another state, except with the other parent’s consent (assuming the other parent has been granted parenting time by a court order), or by the court’s order. If consent of the other parent is not given, the parent proposing the move must motion the court requesting an order granting permission to move.

Similar to custody and parenting time, when a court determines whether a parent can move to another state with their minor child, Minnesota courts apply a “best interests” analysis. Factors the court will analyze in making this determination include, but are not limited to: (1) the child’s relationship with both parents; (2) the child’s age, development, and needs and the likely impact of the move on the child; (3) the likelihood of preserving the child’s relationship with the non-custodial parent; (4) the child’s preference; (5) the reason for the opposite parent to oppose the move; and (6) the safety and welfare of the child and the custodial parent if there has been domestic abuse. The burden of proving the move is in the best interests of the child is on the parent requesting to move, unless there is a history of domestic abuse. If so, the burden of proof lies with the parent opposing the move. Further, if the court believes the proposed move is intended to interfere with the other parent’s parenting time, the move will not be granted.   

Upon motion to the court, a hearing will be scheduled and both parties will be expected to explain to the court why a move to another state with the child is or is not in the child’s bests interests. If contemplating a move to another state, it’s important the aforementioned factors are carefully thought out and adequately argued to the court. To ensure your best chance at success, you should consult with an experienced family law attorney. Call Anderson Larson to meet with an experienced family law attorney who can assist you in motioning to move to another state with your minor child.