Relocation

Relocation With Shared Custody

Life is full of changes, and sometimes a new job, educational opportunity, or family need requires you to move. When you share custody of a child, however, relocating to another state is never as simple as just packing your bags. Moving a child’s residence from Minnesota to another state is a significant legal event that requires court approval or the other parent’s consent. Understanding the legal implications is crucial for protecting your parental rights and, most importantly, your child’s well-being.

At Atticus Family Law, we recognize that relocation matters are more than just a legal hurdle; they represent a major life transition for your entire family. We are here to provide the professional guidance and compassionate support you need during this process.

Relocation as a Custody Modification

Under Minnesota law, a custodial parent cannot move a child’s residence to another state without a court order or agreement from the other parent. A relocation request is treated as a form of custody modification because, in many cases, it fundamentally changes the existing parenting time arrangement. The move can impact the non-relocating parent’s ability to maintain a strong relationship with the child, making it a highly sensitive and often contested issue. 

What Minnesota Law Requires for Relocation

Minnesota Statute 518.175 outlines the specific factors a court must consider when deciding whether to approve a move. The central question is always what is best for the child. The court will evaluate eight key factors to make its determination:

1. The child’s relationship with parents, siblings, and other significant people in their life.
2. The child’s age, developmental stage, and needs, and the likely impact of the move on their education and emotional health.
3. If it is feasible to preserve the relationship between the child and the non-relocating parent through a revised parenting time schedule.
4. The child’s preference, acknowledging their age and maturity.
5. Whether the parent requesting the move has a history of promoting or interfering with the other parent’s relationship with the child.
6. Whether the move will increase the quality of life for both the relocating parent and the child.
7. Each parent’s reasons for seeking or opposing the relocation.
8. The effect of any domestic abuse on the safety and welfare of the child or parent.

The parent requesting the move bears the burden of proving that the relocation will serve the child’s best interests. However, if the parent requesting the move is a victim of domestic abuse by the other parent, the burden of proof shifts, and the parent opposing the move must prove that the relocation would not be in the child’s best interests.

The Role of a Child Custody Lawyer in Relocation

Whether you are seeking to relocate or opposing a proposed move, this process can be challenging. An experienced lawyer can provide the strategic guidance necessary to build a strong case and protect your family’s future.

At Atticus Family Law, we help clients by:

• Explaining Your Rights: We ensure you understand exactly what the law requires and how it applies to your unique situation.
• Developing a Strategic Plan: We help you gather the evidence needed to address each of the eight statutory factors, presenting your case in the most compelling way.
• Negotiating with the Other Parent: Whenever possible, we work to find an amicable solution that serves your child’s best interests without a lengthy court battle.
• Advocating for You in Court: If an agreement can’t be reached, we are prepared to tirelessly advocate for you and your child before a judge.

Your family’s stability is our priority. In relocation and all other family law matters, our goal is to support you every step of the way.

Get Help With Your Relocation Case

If you are considering a move or need to respond to a relocation request, don’t wait to get legal advice. Contact Atticus Family Law today to schedule a consultation. Let us help you through this transition so your family can enjoy a bright future.