Navigating The Complexities of Parent and Child Relocation

Navigating The Complexities Of Relocation

After a parenting time arrangement has been agreed upon or determined by the court, the arrangements become a court order that must be followed. If any deviation from the plan is necessary, you or your former partner must be in agreement to such changes and if not, a formal modification of the parenting time arrangements must be sought. If the change requested involved relocation and the parents are not in agreement, court permission is required.

If you or your former spouse is moving for a new job, better opportunities or a new relationship, our family law attorney can help advise you on the most productive strategy for securing an agreement with your former partner regarding the child relocation and new parenting time arrangements.

The Difficulties Of Interstate Relocation

When a custodial parent is moving with a child out of state, it is necessary to seek permission from the court before the child can be relocated with the moving parent. From a legal perspective, courts view relocation as an upset to a productive situation, and there is a high burden of proof for the relocating parent to prove the move is in the best interests of the child. This is not to say it is impossible to successfully relocate; however, significant planning is necessary in order to form an appropriate strategy.

Successfully Relocating In-State

If you or your former partner is moving within the state of Minnesota, it is still necessary to seek agreement of the other parent before finalizing your plans if the move would affect the court-ordered parenting time arrangements. The ability to receive the other parent’s agreement or permission from the court will be affected by a number of factors, but of most concern is the distance of the move. A short move to a similar location is typically less contentious than a move across the state that would significantly alter your child’s living and parenting time arrangements.

What Courts Consider When You Relocate

Both in-state and interstate relocations commonly involve the same considerations when altering a parenting plan and seeking the permission of the court. These often include:

  • If the relocating parent notified the nonrelocating parent in a reasonable time
  • The age and maturity of the child and his or her preferences
  • How far away the move will be and if there are appropriate measures to maintain a relationship with both parents
  • If the child will receive equivalent or better education, care and recreation opportunities
  • Altering parenting time and child support arrangements for the nonrelocating parent to account for longer vacation visits or other stipulations to accommodate for the change in circumstances

Call For Help Strategizing A Successful Relocation

When working with our firm, your Woodbury relocation lawyer will discuss these considerations with you and help to prepare a strategy for a successful case. Call our firm at 651-288-2844 to arrange an appointment. You may also schedule your consultation online. We can assist parents wishing to relocate or contest a relocation request.

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