Pursuant to statute, if the other parent has been awarded parenting time, you may not move the residence of the children out of state without:

1. Agreement of the other party; or
2. Court Order.

Except in cases of domestic abuse, the burden of proof rests with the parent requesting to move the child out of state, to prove that the move would be in the child’s best interests.

In determining the best interests of the child in the context of proposed out-of-state relocations, the Court considers the following non-exclusive list of factors:

There is an exception to these rules where the other parent has not been granted any parenting time in the divorce decree, in which case you do not need his or her permission or a court order in order to move the children out of state.

Likewise, if you are the mother of a child born out of wedlock, and no custody order has ever issued, you do not need the father’s permission or a court order in order to move the children out of state. (Although it may not be strategically wise to do so, especially if the father has exercised regular contact).

Grounds which the courts in the past have recognized as valid reasons to permit out-of-state relocation are: a better job opportunity in the other state; and joining a fiance who resides in another state. These reasons do not guarantee that permission will be granted, but they have been recognized as legitimate grounds for seeking such permission.

Moving a child out of state is a decision requiring a lot of strategic planning. Ideally, you should contact an attorney several months before your intended departure date.

* THE INFORMATION IN THIS ARTICLE IS NOT ADVICE FOR YOUR PARTICULAR CASE. ALSO, THIS INFORMATION APPLIES ONLY TO MINNESOTA LAW, AND NOT TO THE LAW OF ANY OTHER STATE OR COUNTRY.