At the Benjamin Kaasa Law Office, PLLC in Duluth, MN, we understand that relocation with a child can be complex, especially when it affects custody and visitation arrangements. If you’re a custodial parent considering a move out of state or over 100 miles from your current home, or if you’re a non-custodial parent looking to protect your parenting time, our experienced family law team is here to help. We guide clients through Minnesota and Wisconsin’s legal requirements, whether seeking court permission or defending against a relocation request.
When a custodial parent is faced with the decision to relocate either out-of-state with their child or more than 100 miles from their initial home, it can interfere with arrangements made with the non-custodial parent, such as parenting time or placement. It is for this reason that the custodial parent is not able to move the child with him or her unless the non-custodial parent allows it or the court grants permission for it to happen. Minnesota and Wisconsin each have their own unique standards for the distance that a custodial parent may move with a child without affecting the existing visitation schedule.
The court will give a custodial parent permission to move their child away if the move away is in the best interest of the child. Minnesota and Wisconsin each have their own unique standards for determining when it is in the best interest of a child to move further away from the non-custodial parent. Permission to relocate will be denied if a judge determines that the purpose of the move is to interfere with the noncustodial parent’s parenting time or physical placement.
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: do not move or 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 Northern Minnesota and Wisconsin family law lawyer can help you make your case before the judge.
When a custodial parent is presented with a job opportunity and that opportunity is not in Minnesota, they cannot relocate 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 parental custody of your child, you will need the help of an experienced family relocation 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.
