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Whether you love life in Minnesota or are desperate to escape the chill, you might be ready for a new start — and a new state — following your divorce. Unfortunately, moving after divorce isn’t as simple as packing up and heading out — especially if you hope to leave the state. Keep the following considerations in mind as you prepare for your big move:

Moving With Children: Seeking a Written Agreement

If you don’t have children, you might find it relatively easy to relocate after divorce. As a parent, however, you could face significant complications — especially if your ex doesn’t agree with your plans. To succeed, you’ll probably need to submit a written agreement indicating that the other parent agrees to your new living situation. Your move can also be approved by a judge — but such approval is rare when one of the parents objects to the move.

When Courts Weigh in on Moving Plans

As with initial custody arrangements, Minnesota courts focus on the child’s best interests when determining whether an out-of-state move is acceptable. Top factors used to arrive at a final decision may include:

  • How possible it would be to maintain a strong relationship between the child and the non-moving parent
  • The reasonable preferences of the moving child
  • Whether the move has the potential to improve the child’s general quality of life
  • Whether the parent’s primary goal in moving involves reducing contact between the child and the non-moving parent

No matter your residency plans after divorce, it’s important to seek feedback from a knowledgeable attorney. With the law firm of Barna, Guzy & Steffen, Ltd. in your corner, it may be possible to arrive at an arrangement that allows you and your children to start fresh in a new state.