Economic vitality, friendly neighbors, great schools…you love everything about Minnesota. Your ex, unfortunately, disagrees. Whether your former flame seeks a warmer climate or new job opportunities, you’re worried an upcoming move will tear you away from your kids. But is this move really cause for concern? Read on to find out.

Is Your Ex Even Allowed to Move?

As a Minnesota co-parent, you cannot legally move your kids out of state without express permission from your ex. The only alternative: a court mandate. Courts base this decision on the child’s best interests. Distance plays a huge factor — moving to River Falls is not a big deal, but San Diego could be. Another major consideration? Emotional ties. Be real — are your kids equally close to both parents?

Other factors courts take into account:

  • The age and emotional maturity of the children. Some kids can handle a big move better than others. Older children express strong opinions, which factor into the final decision.
  • Relationships with other family members, such as grandparents.
  • Whether the moving parent has a history of trying to keep shared kids away from the other parent.

Should You Grant Permission?

You feel betrayed by your ex’s desire to move. Don’t let difficult emotions prompt an ultimatum. Instead, step into your ex’s shoes for a moment. Is this person struggling to find work in Minnesota? Do most of your family members or in-laws live elsewhere? Which approach truly benefits your children?

Of course, your opinion matters too. Respectfully share your concerns. Don’t forget to chat with your kids — but don’t be offended if they also want to move.

If necessary, discuss these issues with a counselor. Understand the full situation before you agree or disagree to a move. Remember, if your ex presents a compelling argument, the court may decide against you. Your ex holds the burden of proof, but you should be prepared to provide evidence indicating that moving is a bad idea.

The Brown Law Offices, P.A. can help you navigate the complications of co-parenting after divorce. Reach out today to discuss your co-parenting situation.

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Photo of Cynthia Brown Cynthia Brown

Cynthia Brown is a founding partner with the Brown Law Offices, P.A. She is an honors graduate of the University of South Dakota and William Mitchell College of Law. Cynthia Brown was admitted to practice in 1998.

After graduating from law school, Cynthia…

Cynthia Brown is a founding partner with the Brown Law Offices, P.A. She is an honors graduate of the University of South Dakota and William Mitchell College of Law. Cynthia Brown was admitted to practice in 1998.

After graduating from law school, Cynthia served as the law clerk to the Honorable Timothy R. Bloomquist, retired Chief Judge of Minnesota’s Tenth Judicial District. Upon completing her clerkship, Cynthia practiced with a well-known firm in Cambridge, Minnesota. She founded the Brown Law Offices, P.A. in 2003.

Cynthia has handled a wide variety of family law matters throughout the Twin Cities, and greater Minnesota, including divorce, custody, child protective services, orders for protection and harassment restraining orders. Many of her clients have also asked her to provide guidance concerning their estate planning needs.

Early in her career, Cynthia served as a prosecutor, public defender and criminal investigator. In addition to her family practice, Cynthia routinely represents clients facing criminal charges such as DWI, assault, theft and criminal sexual misconduct.

Cynthia founded the Amigos de Guatemala Foundation in 2007. She is a former Board Member and President of the Foundation, which provided educational, health and financial resources to underprivileged Guatemalan citizens. Her interest in serving the impoverished began with a medical mission trip to Honduras in 1994.

When she is not practicing law, Cynthia enjoys scrap-booking, soap-making, ATV riding and spending time with family.


Areas of Practice
  • Divorce
  • Custody
  • Child Protective Services
  • Restraining Orders
  • Criminal Defense
  • Estate Planning
Bar Admission
  • Minnesota State Bar, 1998
Education
  • William Mitchell College of Law, 1998
  • University of South Dakota, 1995
Joined Firm
  • 2003
Professional Associations & Activities
  • Minnesota State Bar Association
  • Presenter, Various CLE Courses
  • Panel Attorney, Anoka County County Family Law Clinic
  • Monthly Columnist, Minnesota Lawyer Newspaper
  • Author, Family Law Forum
  • Author, Divorce Magazine