When a custodial parent is faced with the decision to move out-of-state with their child, it can interfere with arrangements made with the non-custodial parent, such as parenting time. It is for this reason that the custodial parent is not able to take the child out of the state unless the non-custodial parent allows it or the court grants permission for it to happen.

If you need to request an out-of-state move or you are a non-custodial parent wishing to dispute the request, a Duluth family law attorney from our firm can help you with your move away case.

Assisting You With Your Request

The court will give a custodial parent permission to move their child out of the state if the move away is in the best interest of the child. This means that a number of factors are evaluated first, such as:

  • The relationship the child has with the non-custodial parent
  • The reason for the relocation
  • The child’s developmental state
  • The age of the child
  • Whether or not relocation would change the quality of life for the parent and the child

If the court is satisfied with the answers to the above questions, it may grant permission for the custodial parent to move the child out of Minnesota. Permission for relocation is not granted if the move away purpose is to interfere with the noncustodial parent’s parenting time.

Helping You With Burden Of Proof

If you are a parent requesting a move because of your career or for another reason that could benefit the lives of you and your child, then you have the burden of proof in the matter. This means that you need to prove that the move is going to benefit the child. If the judge does not feel that the move is in the best interest of the child, he or she will not grant the move. This means that the parent is faced with two decisions: to not move outside of Minnesota or to allow the non-custodial parent to have custody if that parent is able to take care of the child. This could change child support, visitation, and a number of other factors.

In order to get the best result in the matter and show why it would benefit you and your child to move, your Duluth family law lawyer can help you make your case before the judge.

Contact A Duluth Family Law Attorney

When a custodial parent is presented with a job opportunity and that opportunity is not in Minnesota, they cannot take their child out of the state without the permission of the other parent or the court. This can result in a request to the court to allow the parent to move with the child out of state. If you need to move out of Minnesota and you have custody of your child, you will need the help of an experienced family law lawyer in the matter. To learn about how the Benjamin Kaasa Law Office, PLLC can help you, call 218-464-3397 for a free consultation.