If a Minnesota resident has custody of his or her child, he or she may not move to another state without consent of the court or the other parent who may have visitation or custody rights. A move will typically not be permitted if it is being done to interfere with the visitation rights of the other parent. When considering whether or not to approve a move to another state, the best interests of the child must be taken into consideration.
There are several factors that go into determining the best interests of the child. Some of these factors include the strength of the relationship between the child and the person with whom he or she will be moving. A court will also consider the strength of the relationships between the child and his or her friends or family members being left behind.
If a child is old enough, he or she may have a say in where they stay. A judge may also consider if the move is ultimately for the financial, emotional or developmental benefit of the child regardless of his or her preference. Finally, a court will look at whether the child will be safe and well cared for in their new home state and whether it does damage to a relationship with the other parent.
Those who have parenting time with their children may wish to talk to an attorney if that time has been threatened by a custodial parent. An attorney may be able to compel the return of a child from another state or otherwise take steps to ensure that a parenting plan or court order is followed. If it is not, a noncustodial parent may ask for sole custody of the child.