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Two statutes specifically address the change in a custodial arrangement when a parent seeks to move to another state with the child.  A parent can not move the residence of a child outside the State without the consent of the other parent or a court order if the other parent has been awarded “parenting time”.  The court will not permit the move if the purpose of the move is to interfere with the parenting time of the other parent.  Minnesota Statutes, §518.175, subd. 3.  

 

A court must make findings on 8 factors when it judges whether or not the child’s best interests would be served by the move.  If such a move may be in your child’s future ask your attorney to explain how these factors may apply in your case.  If the residence of the child is specified in the current parenting plan, another statute creates a presumption (although not a conclusive presumption) in favor of the existing plan and the court is directed to enforce the present plan unless specific statutory conditions are met.  Minnesota Statutes, §518.18(d).  Ask your lawyer if this statute may be relevant to your case.

 

 

Removal of Children from the State