Life moves on after divorce. While the end of a marriage can sometimes feel like the end of everything, people heal and rebuild their lives. Sharing custody can make the healing process a bit more difficult, as regular custody exchanges can keep wounds fresh and be a source of stress for the parents.
As life changes after the divorce, one parent may find themselves on the edge of major adjustments. They may start a new relationship or reinvest in their career. Other times, they may want to move back to another state where they have more friends and family.
A move out of Minnesota can have major implications for a shared custody arrangement. Can one parent choose to relocate with their children when subject to a Minnesota custody order?
Major moves affect the whole family
A relocation out of Minnesota might lead to more job opportunities, more affordable housing or more time with loved ones. However, that move is also likely to have significant implications for shared custody arrangements.
Weekly custody exchanges typically aren’t realistic for those living in separate states. One parent may instead see the children far less if they relocate with the other parents. The law acknowledges that relocations can be challenging for families to overcome. Typically, out-of-state moves proposed by those subject to a custody order require preapproval.
Sometimes, the other parent. However, if one parent worries that the move could cut them off from their children, they can ask the courts to consider the situation. The parent proposing the move has to establish that relocating with the children is in the children’s best interests. The parent contesting the move has an opportunity to present their side of the situation.
Factors including difficulty with travel or the other parent threatening alienation previously could affect how the courts rule in such scenarios. There is never any guarantee of how a judge may rule in a contested custody matter, but they generally need to keep the focus on the best interests of the children when making their decision.
Parents who understand the rules for relocations and other major custody changes can assert themselves in a way that can preserve their parental rights. Modifying a custody order is often necessary when one parent proposes a move regardless of whether the courts approve that request or not.