When a parent files a petition to get the court’s permission to move out of state with their children, they need to prove that it’s in their child’s best interest. In an attempt to determine whether it’s good for the children, the court will evaluate several things, including:

  • The reason for the impending move;
  • What type of relationship the children have with their non-custodial parent;
  • How old the children are and how old they will be at the time of the move;
  • What developmental stages the children have reached; and
  • Whether the relocation will change, for better or for worse, the kids’ quality of life and the custodial parent’s life

Whether the court approves the motion depends on many factors, but underlying them all is the kids’ best interests. If the judge does not feel that an out-of-state move will benefit the children, he or she is very likely to deny the motion.

In rare cases, one parent attempts to move out of state to interfere with the other parent’s visitation or to undermine the existing parent-child relationships. If the court feels that these are the goals of an out-of-state move, the judge will probably deny the motion.

Recent Changes in the Law

When a custodial parent wants to relocate, he or she must prove to the court that life will be better for the children. This is a fairly recent change to Minnesota law; in the past, the parent who did not have physical custody of the children was required to prove that the move was not in their best interests.

Whether you need to move out of state or you want to stop your ex from taking your children, you may find it helpful to work with a skilled attorney who understands Minnesota law when it comes to post-decree motions.

Schedule A Confidential Case Evaluation

You don’t have to let your ex-spouse take advantage of you, whether you need to move, or you’re trying to keep your children close. Call us at (763) 783-5146 to schedule a confidential case evaluation. We can talk about what the courts expect parents to prove when it comes to out-of-state moves.