Yes, it can. In Minnesota, if a parent with joint physical custody wants to move out of state, they must file a motion to change their custody order through court proceedings. This ensures that the new situation is legally recognized and in the child’s best interest.
Why do you need to go through court?
The court’s main concern is the child’s well-being, so they need to examine how the move will affect the child’s stability, education and overall welfare. Updating custody orders with court approval also helps clarify visitation schedules, transportation and other logistics.
More importantly, if a parent moves with their child without changing the custody order, the court may consider it a violation of the existing parenting plan or, in extreme cases, parental kidnapping. Not following the legal steps can hurt your prospects in future custody decisions.
What happens during the hearing?
During the hearing, you present all necessary documents and evidence to the judge to show why the relocation is good for your child. The court considers many factors:
- The child’s relationship with each parent, siblings and other important people in their life.
- How the move will affect the child’s physical, emotional and educational needs.
- How the move might disrupt the child’s stability and routine, including home, school and community.
- The relocating parent’s reasons for the move, such as a job opportunity or better living conditions.
- The impact on the current parenting time schedule and contact with the nonrelocating parent.
- The relocating parent’s ability to support the child’s relationship with the other parent, including visitation and transportation plans.
- The child’s preference, depending on their age and maturity.
- The child’s relationship with extended family and how the move might affect these relationships.
The court aims to make a decision that serves the child’s best interests while balancing both parents’ rights and responsibilities. If approved, a new custody order will be issued.
Your child’s well-being is the top priority
Navigating custody arrangements and moving can be challenging, especially when you want to make informed decisions and ensure a smooth transition for your children. Prioritize their well-being by getting the help you need.