Legal Question in Family Law in Minnesota

You need to modify the custody order (i.e. parenting time). Unless your daughter's mother is on board with this, however, it is very unlikely that a court will grant this modification. A child's wishes MAY be considered by the court in determining what is in her best interest, but it is not alone enough to change the order. Therefore, unless the mother is willing to agree to this change you are facing an uphill battle.

I agree with Attorney Kane. You will need to modify the custody order. There has to have been a substantial change in circumstances or endangerment before a court will modify custody without the mother's consent. The court may consider your daughter's wishes but this is only one of 13 factors that a court would consider. Changing custody can be a difficult and expensive issue to litigate. Even if you were to get custody of your daughter, if her mother has parenting time awarded, then you have to get mother's consent to move out of state or get the court's approval. Another possibility is to see if you can get increased parenting time and perhaps mother will feel more comfortable with that, as long as you live in Minnesota anyway.