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Can a custodial parent move out of state with the children?

Moving your children out of Minnesota is a major change in their lives and has a great effect on their other parent. It requires careful consideration and the court's involvement. According to The Office of the Revisor of Statutes, if you plan to take your children outside of the state to live, you must get the permission of the court. You may be able to bypass going to court if you get the permission of your children's other parent. This would need to be in a signed document detailing the move. Leaving without such permission could subject you to serious legal complications.

The court will review your request for validity and in consideration of the effect it will have on the children. You must have a solid and verifiable reason for moving. If it is found you are moving simply to interfere with the visitation rights of the other parent, the court will deny your request, and you cannot move your children out of the state.

The court looks at a variety of things to determine if the move with be detrimental to the children. It will consider the relationship with and involvement of each parent. It will also look at any past custody issues, such as claims by the other parent that you tried to prevent visitation or a lack of following the court orders by either of you. It will also look into the benefits of the move for you and your children, weighing them against the negatives that may result.

You have the burden of proof, meaning you must show the relocation is in the best interests of your children. If you cannot provide such proof or the court does not find such proof, then your request could be denied. This information is only intended to educate and should not be interpreted as legal advice.

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