Relocation after a separation is a common issue in family law, especially when it corresponds with custody and/or parenting time issues. In family law cases, a parent may petition the court for permission to relocate with a child out of state or internationally. If you are facing a Minnesota child custody relocation issue, the divorce attorneys at Arnold, Rodman & O’Keefe PA can assist you in matters related to the relocation of a child’s residence either within Minnesota, out of state, or internationally.
In cases where a party seeks to relocate with a child, the court will apply a different legal standard depending upon whether the relocation request is part of an initial custody determination or a request made after a final custody determination has been reached.
Relocation with a Child: Initial Custody Determination
In initial custody determinations, a proposal to relocate the residence of a child is simply one factor that the court must consider in determining the child’s best interests. While there is no additional legal burden or scrutiny applied when a proposed custodial home involves relocation, the complexity and expense of arranging an interstate or international parenting schedule may be significant depending upon the circumstances of a particular case. In addition, the court may condition custody on the residence of the custodial parent, requiring that parent to remain in Minnesota as a condition of maintaining custody.
Minnesota Post-Decree Relocation
In post-decree cases, obtaining permission to relocate out of state can be more challenging due to the permanency of the original custody and parenting time determination having been established. The party seeking to relocate out of state has the burden of proof and must establish his or her case under a best interests analysis specific to relocation cases. For more information on relocation best interests analysis please visit our family law blog entries on relocation.