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How Far Is Too Far to Relocate After Divorce?

man packing up to move, but how far away can he move in a child custody case?

How Far Is Too Far to Relocate After Divorce?

January 11, 2024

By Johnson/Turner Legal

How Far Is Too Far to Relocate After Divorce?

January 11, 2024

By Johnson/Turner Legal

Navigating Relocation After Divorce: Understanding Custody and Moving

Moving On: Life After Divorce or Separation

The period following the end of a marriage or relationship marks a time of significant change. For individuals sharing children, these changes, whether it’s relocating, remarrying, or career shifts, inevitably impact their children. In these situations, child custody decisions, governed by Minnesota statute, prioritize the children’s best interests. Understanding custody and moving are imperative to dictate your next steps.

The Foundation of Custody Orders

Custody and visitation orders primarily focus on ensuring the children’s safety and welfare. These orders strive to maximize the time children spend with both parents, except in extreme circumstances like domestic violence or substance abuse.

Relocating with Children: Understanding Your Limits

When one parent decides to relocate after divorce or separation, understanding the legal boundaries becomes crucial. It’s important to note that parents don’t need permission to move by themselves. However, relocating with children is a different matter. Minnesota statute 518.175, subd. 3, mandates that the custodial parent cannot move out of the state with the children without the other parent’s consent or court approval. This means that if you plan to move out of state with your children, you must first seek agreement from the other parent. Failing their consent, you’ll need to file a motion to modify your current custody order.

In-State Moves and Custody Complications

Even relocating within Minnesota can pose challenges if it significantly disrupts the established parenting time. For instance, a 200-mile move would make a weekly evening visit impractical. In such cases, it’s likely that the custody order will need modification. The noncustodial parent might even file a motion opposing the move if it excessively distances the children.

Expert Legal Guidance for Post-Divorce Relocation

Relocating after a divorce or custody case involves complex legal considerations, especially regarding your children’s welfare. Our expertise in family law can guide you through the nuances of relocation, ensuring your actions align with legal requirements and your children’s best interests. If you’re contemplating a move or have questions about custody modifications, reach out to us at (320) 299-4249 for professional assistance.

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