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Is moving out of Minnesota after a Divorce with Children possible?

October 13, 2015

moving out of Minnesota after a Divorce with ChildrenThere are many important questions that come up after a divorce, particularly regarding custody of the children from the marriage and child support. One ex-spouse may be ready to move forward with their life and this may include moving away from the family home, perhaps even to another state. When the issue of moving a child out of state comes up, it is important to be aware of the related Minnesota laws, so that everyone involved has a clear sense of the potential barriers and parameters for feasibility. Here are some of the general guidelines to consider:

  1. Generally speaking, if both parents have been granted parenting time by the court in the divorce settlement, then you are unable to move the child/children out of the state unless the other parent agrees OR you get a court order to do so.
  2. The burden of proof is high for the parent requesting to move the child out of state to be granted this request. He or she must prove to the court that the move is in the child’s best interest. The court considers many factors in their decision including:
    1. The relationship between the child and each parent, the extent of involvement and duration of relationship.
    2. The age and any specific needs of the child.
    3. Depending on age, the court may take into account the child’s preference related to the move.
    4. The reason for the move.
    5. The likelihood and feasibility of an ongoing relationship with the parent that is not moving should the child move to another state.
    6. The child’s safety.
    7. The court will look at a case in which domestic violence is alleged very differently.
  3. In the past, Minnesota courts have granted permission for one parent to move the child to another state if there is a better and more lucrative job prospect in another state or the fiancee of the parent requesting to move lives in another state. It is important to note that these are not guarantees that the Minnesota Courts will agree under these conditions.
  4. It is generally wise to seek help negotiating this type of request- or any changes to an original custody agreement.

Johnson Mediation: Support for Divorce Mediation, Parenting Time and Child Support

Divorce mediation can extend beyond the divorce settlement. As circumstances change over time and issues come up with child custody, parenting time or child support, a divorce mediator can provide support and assistance with the communication process and may be able to find a solution without having to go to court. Johnson Mediation specializes in all types of divorce mediation and has a track record of success finding creative solutions to difficult problems. Give our team a call at 1-952-401-7599 to schedule a free consultation.

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