Preserving Parents’ Rights During Relocation
Under previous Minnesota law, a person with sole custody of a child was presumed to have the right to move outside the state. However, the law now restricts custodial parents from relocating unless the parties agree, or the court approves the move.
Whether you are a custodial parent that is looking to relocate or a co-parent that is looking to challenge a petition to relocate, Meinerts Law Office, P.A., is ready to help. The firm provides award-winning counsel in the family law practice area and is well-versed in how to articulate our clients’ voices both in and outside the courtroom.
What Factors Influence Parental Relocation?
When petitioning the court for permission to relocate for reasons such as a new job or relationship, the custodial parent must prove that the move is in the best interest of the child. The court will consider eight factors prior to making a decision.
These factors include:
- The child’s relationship with siblings, custodial and noncustodial parents
- The impact the relocation will have on the child’s development
- The feasibility of preserving the relationship between the child and the noncustodial parent
- The child’s preference
- The pattern of behavior exhibited by the custodial parent in encouraging a relationship with the other parent
- The degree of benefit to the child’s quality of life
- The reasons parents present when seeking or opposing the relocation
- The effect of the relocation on the safety and welfare of the child
Meinerts Law Office, P.A., represents parents seeking or opposing the relocation of a child out of state. Working with the best interests of the child in mind, this trusted team of legal advocates provides compassionate and comprehensive family law services.
Frequently Asked Questions About Parental Relocation
Parental relocations can be a contentious issue. Learning more about the topic can help you understand what to expect and your legal options.
What should I do if I oppose my child’s relocation?
If you oppose your child relocating with their other parent, you need to act swiftly. If the other parent is attempting to relocate with your child without the court’s consent, you can file a motion for an emergency hearing with the court. If you receive a formal notice about the proposed relocation, you typically only have 30 days to file a formal objection. Both actions will prevent the move until a court can review the situation and decide whether the relocation will be in your child’s best interests.
It is crucial to recognize that it can be significantly more challenging to prevail if you file an objection after the move has taken place, as the jurisdiction over the case may shift to the new location.
Can a relocation decision be appealed in Minnesota?
Yes, decisions regarding parental relocation with a minor child can be appealed by either party if they believe that the court made a legal error. Appeals must typically focus entirely on the existing record and attempt to demonstrate that the court did not properly consider the statutory factors that apply to such decisions, such as the impact on parenting time or the child’s best interests. There is a very limited time to file an appeal, and it is essential to work with an experienced attorney.
How long does the parental relocation approval process take in Minnesota?
The parental relocation approval process can vary depending on the complexity of a case, but it can take months (or longer) to get through the entire process. Some of the factors that go into the timeline include the court’s schedule, the ease with which evidence relevant to the issue can be obtained and the need for professional evaluations. When a parent wants to relocate with their child, it is important to file a case as soon as possible to prevent delays. It can be difficult for parents to seek approval for relocation too close to the moving date.
Contact Meinerts Law Office, P.A., For Guidance
Don’t hesitate to start exploring your options. Contact an experienced Burnsville attorney at 952-208-8500 today to arrange an initial consultation.