How Do Minnesota Courts Handle Relocation Requests?

If you are a custodial parent thinking about moving out of state, or if you are a non-custodial parent worried that your co-parent might move away with your child, you likely have many questions about the process. At Atticus Family Law, we understand that life changes, from new jobs to remarriage, often necessitate a move. However, when children are involved, Minnesota law uses specific guidelines to ensure that any move is appropriate for a family, including:

• The “best interests of the child”
• The impact on parenting time
• The evidence presented by both parties

Whether you are seeking to move or opposing one, we are here to provide the compassionate, clear guidance you need to navigate this transition with confidence.

The Best Interests of the Child Standard

Today, there is no automatic presumption for or against a move. Instead, under Minnesota Statute § 518.175, the court must determine whether the relocation is in the best interests of the child.

The court looks at several factors, including:

• Relationships: The quality and duration of the child’s relationship with both parents, siblings, and other significant people.
• Feasibility of Parenting Time: Whether it is financially and logistically possible to maintain a meaningful relationship with the non-relocating parent.
• Age and Development: How the move might impact the child’s physical, educational, and emotional development given their age and needs.
• The Child’s Preference: If the child is old enough and mature enough to express a preference.
• Motivations: The reasons why one parent wants to move and why the other opposes it. The court will seriously consider whether the move is an attempt to interfere with parenting time.
• Quality of Life: Whether the move will enhance the general quality of life for both the parent and the child (e.g., better financial or emotional stability).
• Domestic Abuse: The impact of any domestic abuse on the child or the relocating parent.

Burden of Proof

Generally, the burden of proof is on the parent requesting the move. The moving parent must demonstrate to the court that relocating is in the child’s best interests.

There is one major exception: If the parent requesting the move has been a victim of domestic abuse by the other parent, the burden shifts. In those cases, the parent opposing the move must prove that relocation is not in the child’s best interests.

Analyzing the Impact on Parenting Time

Courts are typically hesitant to allow a move if it harms the relationship between the child and the non-relocating parent. If a judge grants a relocation request, they will almost always restructure the parenting schedule.

Instead of weekly visits or every-other-weekend schedules, the new plan might involve:

• Longer blocks of time during summer break.
• Alternating the schedules of major holidays.
• Regular video calls or virtual parenting time.

If a feasible parenting plan cannot be worked out, the move may be less likely to be approved.

The Role of Good Evidence (and a Good Lawyer)

If you are facing a potential relocation case, evidence is key. You need to show how the move will specifically benefit the child or, conversely, how the move would harm the child’s stability and relationships. This could include:

• School records demonstrating educational advantages
• Testimonies from teachers, counselors, or other professionals highlighting the child’s needs and where they would best be met
• Employment opportunities or financial benefits
• Medical records showing access to superior healthcare services
• Documentation of supportive family or community connections
• A detailed comparison of living conditions

Having a skilled lawyer to help you compile and present this evidence effectively can make a significant difference in how the court views your case.

Finding the Way Forward

Defending or opposing a move can come with significant challenges, and the outcome of this case will impact your family and your life in substantial ways. You don’t have to face this process alone or let it consume your thoughts. At Atticus Family Law, we believe in holistic empowerment. We don’t just handle the legal paperwork; we help you manage the mindset shift required for these major life transitions.

Let’s create a clear path forward for you and your family. If you have questions about relocation, schedule a consultation to start discussing your situation.