When a St. Cloud parent who is subject to a custody order needs to move, they may have a lot of questions about their legal rights and options. After all, even if it is for good reasons, a parent’s decision to move can lead to child custody disputes.
Disputes are particularly common when the parent who is not moving is worried that the child’s long-distance move could mean the parent will not get to see their children as often.
Parents should always refer to their court orders before taking action
It is not a good idea for a parent to act on their own and move without going through the proper legal steps. If they do so, they may faces serious consequences, including the loss of custody and other important rights.
Minnesota parents who think they might need to move should first review the court’s orders, perhaps with the help of an experienced family law attorney. The order might set out what the parent’s rights and responsibilities are.
Minnesota law requires parents to get permission to move to another state
For out of state moves, the law of Minnesota requires a parent who wants to move to get permission from the court.
If the other parent objects, the parent will have to prove that their proposed move is in the best interest of their children. The court will consider a number of factors when making its decision.
This rule only applies to the parent with whom the child legally resides. It is also worth pointing out that the law does not require a parent to get permission to move to another part of Minnesota.
If the parent who wants to move wishes to avoid court, then they will have to get the other parent’s permission to move. Doing so may involve a compromise with the other parent.
Otherwise, they will need to gather and organize their evidence into a convincing case in support of their decision to move.