In today's day and age it is common for people to move from one state to another for work or any other of a multitude of reasons. Of course, for people who have minor children, moving is a more complicated choice. Moving a child to another state can be a challenging process. This is especially true where the parents are divorced or separated. For these parents, moving to a new place can impact their child custody and parenting time arrangements.
Like other states, Minnesota law provides that a parent can request a modification to their child custody order. Similar to child support orders, courts will review child custody arrangements if a parent petitions the court based on a substantial change in circumstances.
In most cases, when a parent moves to a new state, they will be unable to uphold the original child custody and visitation order. Accordingly, the move will qualify as a substantial change in circumstances and the court will review the order.
Minnesota law requires that courts review and modify child custody orders based on the best interests of the child. Thus, when a parent moves out of state, the court will try to assess a variety of questions. For example, the involvement of each parent in the child's daily life is a fundamental threshold question. On the other hand, if the child has deep roots in their current home state, the court will be less inclined to permit the child to leave with the moving parent.
People choose to leave their current home and move across state lines all the time. But, where child relocation is at issue, that decision becomes more complex. A family law attorney can review the circumstances of a particular case and counsel their clients on the impact that a potential move might have on their child custody and visitation rights.
Source: The News of Orange County, "Single parents juggle child custody with personal freedom," Kim Steffan, Jan. 19, 2013