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May I Move the Children Within the State?
(provided by Eric C. Nelson, Esq.)
Generally speaking, no Court Order is required for the sole physical custodian to move the residence of children within the state. However, if the move as a practical matter would necessitate a change in the court-ordered parenting time schedule, or if the parties have joint legal custody and the move would involve a change of schools, then it is wise to bring a motion at or before the time of the move.
If the parties have joint physical custody, and the move would effectively prohibit a joint physical custody shared-parenting arrangement, then a motion would be required before the move could take place. If the proposed move would be tantamount to a modification of custody, the movant would need to meet the same strict standard required for custody modification in order to receive the court's permission. (1)
(1) Lutzi v. Lutzi, 485 N.W.2d 311 (Minn.Ct.App. 1992).
Information provided by:
Eric C. Nelson, Esq. located at
http://www.divorcesource.com/MN/DS/nelson.html
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