Legal Question in Family Law in Minnesota

Your brother can initiate a divorce/custody proceeding to determine custodial arrangements for his daughter. In an initial custody proceeding, the court considers the move as another factor to balance in determining who should have custody. In general, it can be very difficult to obtain the Court's permission to move a child to another state without the other parent. If your brother moves to Seattle first without the child in January 2010, it will likely be even more difficult to obtain permission to move with the child at a later date.

Depending upon your brother's specific circumstances, the family connections in Minnesota and Washington, the reasons for the move, and the needs of the child among other factors, working out a parenting agreement that incorporates extended parenting time in Seattle may be his best option. In interstate cases, parents sometimes reach agreements that allow for extended summer parenting time and a larger share of school vacations, or even a plan that alternates where the child resides from year-to-year. Your brother should seek legal advice before making a decision to move to another state with or without the child.