Relocation Law & Child Custody

Anoka County Relocation Attorney

Retaining custody of your children after a divorce carries with it a lot of responsibilities and obligations. Of the many concerns that need to be attended to in the wake of a divorce and custodial assignment is the right to relocate (i.e. move) when children are involved. Relocation is a personal choice, but when children of a custodial parent stand to lose visitation time with their non-custodial parent as a result of the move, the decision becomes more than personal; in these circumstances, other lives must be considered as well, and it is not unlikely for a dispute to arise regarding whether or not the move should happen. When this is the case, an Anoka County divorce lawyer from our firm should be contacted as soon as possible to mediate the situation and help resolve the issue of relocating when children are involved.

Can I move out of state without the consent of the other parent?

Minnesota state law stipulates that a custodial parent of a minor cannot relocate out of state unless they first get consent from the non-custodial parent (provided that he / she has been awarded parenting or visitation time by court order). A parent who wishes to relocate must also obtain an order from the court allowing the relocation. As the custodial parent, you must file a Motion and obtain an order of allowance for the relocation before you can legally follow through with the move. Failure to do so could result in the non-custodial parent taking action to regain custody over the children, thereby removing the custodial rights to your children that you currently hold.

Factors Influencing a Relocation Decisions

When you present your case to the court a number of conditions will be assessed before a judge will rule their final decision regarding the move. Included in the circumstances affecting approval of a relocation are:

• The nature of the relationship between the children and each of the parents, paying particular attention to the amount of involvement that each parent has in the children's lives, as well as how the relationship would be affected by the move
• The probability of being able to preserve the relationship between the non-relocating parent and the child or children moving
• The reason for the move: Is there a legitimate reason or is it an action being taken to impede the non-relocating parent's relationship with their children
• The affect that the move would have on the child's safety and wellbeing
• The age of the children involved in the relocation, including their developmental state - physically, emotionally, educationally, etc.
• The reason for the non-custodial parent to oppose the move
• The potential for enhancement of a child's life should the move be approved and enacted
• The child's preference.

Assistance from an Anoka County Divorce Lawyer

As you make way to establish a move after a divorce you will undoubtedly run into some issues that would be best attended to by a legal professional. At Brevik Law, we are here to help in matters of relocation. Whether you are wishing to make a move as a custodial parent or you are looking to challenge the move as a non-custodial parent, our familiarity with state law and the 20+ years of experience that we have can be put to work in the representation of your case. Here, you will be provided with aggressive, reliable, proven legal representation from a firm that is dedicated to your wellbeing, as well as that of your children's. At no time will your case be treated as anything but our top priority, for we are truly dedicated to seeing to it that your needs are met to a tee, in any and all matters related to a relocation or post-divorce issue of any kind. To learn more about, contact an Anoka County relocation attorney at our office.