Overview

Once a divorce decree is final, and if Minnesota has jurisdiction to address the issues involved, a parent can request to relocate to another state or country with the minor child. This is done by bringing a Motion to Relocate before the Court.

No such Motion is necessary if the other parent provides advance, written consent. However, in the majority, if not all of the cases, the non-moving parent may not provide consent. In such instances, the party wishing to relocate can bring a Motion to Relocate before the Court and request that the Court grant permission to relocate.

What factors into the decision to grant a Motion to Relocate?

The Court will consider the factors in Minnesota Statute 518.175 when a request to move out of state from Minnesota is made. For example, the relationship the child had with each parent, the age and developmental needs of the child, the reasons for seeking or opposing the move, the safety and welfare of the child, and more. The Court may also consider additional factors, especially if they come under the category of “Best Interests” of the minor children.

A Motion to Relocate with the minor children should include enough facts and detail to address the factors that the Court will analyze. Specifically, it is important to demonstrate that the children will not suffer from the move and that their quality of life will be enhanced after the move takes place. It is also important to provide the reasons why such a move is desired. In some cases, it is also advisable to propose a specific schedule for the parent who will continue to reside in Minnesota if the relocation is approved.

Overall, a Motion to Relocate with the minor children is challenging. If the Judge allows the move, it will impact the parent who shall remain in Minnesota. If the Judge does not allow the move, the parent who was proposing the move is going to be prejudiced. Most importantly, either way, the minor children will be impacted. Therefore, a Motion to Relocate must be brought properly and with the right level of detail and attention.

Obtaining or defending against a Motion to Relocate in Minnesota can be challenging. The assistance of an experienced Minnesota divorce lawyer is essential to seeing that your children’s best interests are met.

At Clausen & Hassan, our lawyers pride themselves on how they serve our clients. Please reach out today for your free consultation—you can call our office at (651) 647-0087 or contact us by email at info@clausen-hassan.com.