When a custodial parent decides to move out-of-state with their child, it can interfere with the non-custodial parent’s parenting time. Because of this, a custodial parent is not able to relocate the child out-of-state unless the non-custodial parent allows it or the court grants an order that permits it.
If you need to move out of state for a job or another reason or you are the non-custodial parent wishing to challenge an out-of-state move, you need an experienced Anoka divorce attorney to help you through the process.
Preserving The Best Interests Of The Family
The court may grant permission for an out-of-state move if it is determined that the move is in the best interest of the child. There are a number of factors that are evaluated and they include:
- The reason for the relocation
- The kind of relationship the child has with his or her noncustodial parent
- The child’s age
- The child’s developmental stage
- What the relocation would mean in regards to the quality of life for the child and the custodial parent
If the court is satisfied with the responses to these factors, they may give permission for the move. Permission for relocation is not granted if the purpose is to interfere with the non-custodial parent’s parenting time.
Knowledgeable Guidance Through The Process
In cases where the custodial parent wants to relocate the child to another state, the burden of proof lies with the parent requesting the move. In the past, the burden of proof rested with the non-custodial parent. They had to produce proof to show that the relocation would not be in the best interests of the child. If the custodial parent is not able to prove that the move will be beneficial, then the court will not grant the move.
However, proving that a new job would benefit them financially can result in the move being granted. This means that a new parenting plan will need to be established that determines how parenting time will occur and the schedule in which it will occur. For instance, the child may spend their holidays and summers with the non-custodial parent while they spend the rest of their time with their custodial parent. The goal is for everyone to work together to establish a solid plan so that everyone can benefit and your Minnesota divorce attorney can make the process smoother for you.