In Minnesota, child custody laws can create challenges, especially when one parent wants to take the children out of state. Whether it is for a short trip or a permanent move, it is important to understand how the law works and what your custody order allows.
Legal custody and parenting time
Legal custody allows a parent to decide important matters in the child’s life, including schooling, medical care, and religious practices. Parenting time determines how much time each parent physically spends with the child according to the court-approved schedule.
If you share joint legal custody, your ex cannot unilaterally decide to move your child to another state. Even if one parent has sole physical custody, they are still required to comply with the existing custody order before making such a significant change.
Trips vs. Relocation
Not all out-of-state travel is a violation. The court may permit a short vacation, especially if it does not interfere with your scheduled parenting time. But a permanent relocation is a more serious matter.
In Minnesota, courts focus on the child’s best interests. If your ex wants to move the child to another state, they must usually get approval from the court. Judges will consider:
- The reason for the move
- The terms of the current custody agreement
- How the move may affect the child’s relationship with you
- Whether the move limits your time with the child
If you share joint legal custody and do not agree to the move, your ex must ask a judge for permission.
Take action early
If your ex plans to take your child out of state and you are unsure whether the law allows it, contact a Minnesota family law attorney. An attorney can review your custody order and help you take legal action if needed.
Do not wait to raise concerns. Delaying could weaken your case in court. Your rights matter, but you must take steps to protect them.
In short, your ex cannot legally move your child out of Minnesota without meeting the proper legal requirements.