Legal Question in Family Law in Minnesota

can i leave the state of minnesota and go to arizona if my sons father doesn't want us to go? My son is 14 years old

Asked on 9/24/11, 10:51 am

2 Answers from Attorneys

Heidi Swisher Joslin & Moore Law Offices

If the father has court-ordered parenting time, then you cannot move out of state with your son unless you have the father's permission or permission of the court. If you are referring to taking a vacation out of state and if you have a court order, check your court order. If there is nothing in the court order addressing vacations out of state, then you may take your vacation with your son. If you have a court order that addresses vacations, you need to follow the court order. Out of courtesy, if you take your son on vacation you should let the father know when you are going to be gone, where you are going, and how he can reach you.

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Answered on 9/26/11, 1:57 pm

Maury Beaulier612.240.8005 Minnesota Lawyers

If the other parent has court ordered parenting time, under Minnesota Statutes Sec. 518.175, the parent with whom the child resides shall not move the residence of the child to another state except upon order of the court or with the consent of the other parent.

The statute goes on to state that if the purpose of the move is to interfere with parenting time given to the other parent by the decree, the court shall not permit the child's residence to be moved to another state.

In a contested proceeding, the court must apply a best interests standard. The factors the court must consider in determining the child's best interests include, but are not limited to:

(1) the nature, quality, extent of involvement, and duration of the child's relationship with the person proposing to relocate and with the nonrelocating person, siblings, and other significant persons in the child's life;

(2) the age, developmental stage, needs of the child, and the likely impact the relocation will have on the child's physical, educational, and emotional development, taking into consideration special needs of the child;

(3) the feasibility of preserving the relationship between the nonrelocating person and the child through suitable parenting time arrangements, considering the logistics and financial circumstances of the parties;

(4) the child's preference, taking into consideration the age and maturity of the child;

(5) whether there is an established pattern of conduct of the person seeking the relocation either to promote or thwart the relationship of the child and the nonrelocating person;

(6) whether the relocation of the child will enhance the general quality of the life for both the custodial parent seeking the relocation and the child including, but not limited to, financial or emotional benefit or educational opportunity;

(7) the reasons of each person for seeking or opposing the relocation; and

(8) the effect on the safety and welfare of the child, or of the parent requesting to move the child's residence, of domestic abuse, as defined in section 518B.01.

It is important to remember that the burden of proof is upon the parent requesting to move the residence of the child to another state, except that if the court finds that the person requesting permission to move has been a victim of domestic abuse by the other parent, the burden of proof is upon the parent opposing the move.

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Answered on 9/27/11, 9:59 am

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