Out of State Moves and Child Custody Cases

In the event of a divorce, it is common for one spouse to move out of the house and start again. However, in some instances, one spouse will choose to not only move to a different suburb, but to move out of state. They may have family in another state; they may have been offered a job in another state; or they may simply want to start again somewhere that does not remind them of the messy divorce. In the event of an out of state move when children are involved, the Minnesota laws can get a little complicated.

Out of State Moves and Minnesota Law

Under the state of Minnesota, if a parent wants to move out of state, and bring the children with him, then he must prove that the move is a good idea and will benefit the child. This can be easier said than done.

Keep in mind that all out of state moves are granted based on the best interests of the child. In many instances, moving out of state will not suit the child, especially if he is currently undergoing therapy or has a history of anti social behavior. Many children do not want to move out of state and start again, especially if they have a tight group of friends and a life in their hometown. Moving out of state may means starting again, finding new friends, joining new sports teams and exploring a new neighborhood. For some children, this all sounds great. However, for others, this is a terrifying idea. The court will assess every out of state move request individually to determine what is best.

A parent is free to move wherever he/she wants; however problems occur when the parent wants to move the child as well. In many instances, if a parent decides to move out of the state of Minnesota, then the custody will be granted to the parent who does remain in the state. That way the child’s life outside the home is not affected by the decision.

Making Out of State Moves Work

If you are contemplating a move out of state and want to bring the children with you, or if your ex-spouse has just announced a move, it is important that you understand the laws surrounding out of state moves and child custody. You will need to work together as a team to come up with a plan that works for both of you. You may need to share the transportation costs and extend the visiting rights to school holidays and summer breaks. You may need to make the effort to fly back and forth every season.  Make sure you always ask your child what he wants to do as well but never put him in the middle, coaxing him to choose between Mom and Dad. This is a difficult situation for everyone involved which is why it is often best to leave the decision to the courts.

Contact Schneider, Baudler & Abbott PC

If you are facing a divorce or child custody battle or if you need legal advice on any child support matter, it is important to speak to a qualified family law attorney right away. The sooner you make the call, the quicker our lawyers can get to work on your case and the better for everyone involved, especially the children. Contact Schneider, Baudler & Abbott PC today at 763-315-1100 or by e-mail to schedule a free consultation with one of our experienced divorce lawyers.

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