Understanding Child Custody Relocation Laws

Our society has become increasingly mobile over the past several decades. As a result, parents often seek to relocate away from the other parent after custody has been determined. Such relocations can wreak havoc on family relationships, making it crucial to understand the intricacies of relocation laws regarding child custody.

Importance of Fighting Relocation

The laws surrounding child custody relocation vary broadly, making it essential for a parent seeking to prevent relocation to know, understand, and closely follow the detailed rules. If the custodial parent fails to adhere to these rules, it can often lead to a change in custody. State laws commonly outline requirements, which may include:

• Notification and Objection: A parent seeking to relocate generally must notify the other parent well in advance of a move. Many state laws specify the timelines for this notification along with detailed instructions about the information that must be included. In these states, the other parent can usually file an objection to the relocation or a motion to prevent it.

• Consent and Order: In some states, not only notification is required but also the consent of the other parent to allow the move. If both parents do not consent, the parent seeking to relocate often must bring a motion to the court seeking permission. This can frequently involve a request for a change in custody.

Factors Considered

State statutes often specify the factors a court must consider when determining whether to allow children to relocate away from one parent. For instance, under Minnesota’s law, the provisions related to move-aways fall under Minn. Stat. § 518.175. Subdivision 3 restricts moving a child out of state when:

• The child resides with the parent who intends to move;

• The court has awarded the other parent parenting time.

The statute states that a parent seeking relocation can only do so with the consent of the other parent or a court order. The law prohibits a court from permitting a move if it finds the move's purpose is to interfere with the parenting time of the other parent.

The burden of proof lies with the relocating parent to demonstrate to the court that the move would serve the child’s best interest, based on several factors:

• The nature, quality, extent of involvement, and duration of the child’s relationships with each parent, siblings, other relatives, and other significant persons;

• The child's age and any special needs, and how the move could impact their physical, educational, and emotional development;

• The logistics of maintaining parenting time with the non-relocating parent;

• The child's wishes, considering their age and maturity;

• The extent to which the parent seeking relocation has discouraged a relationship between the child and the other parent;

• The potential benefits of relocating for both the parent and the child, including educational, emotional, and financial factors;

• Each parent's rationale for seeking or opposing the relocation;

• The impact of any domestic abuse on the child and the parent seeking relocation.

Impact on Family Dynamics

Typically, if the court approves a relocation, it requires the moving party to shoulder more of the transportation costs related to visitation. This cost consideration should be addressed in any hearing, alongside requests to change custody if the parent responsible for transportation neglects the court’s orders. In cases where the non-custodial parent does not prevail, a finding on this matter might alter the circumstances if the relocating parent fails to meet their obligations.

Navigating the complexity of child custody relocations can be challenging. Understanding and adhering to the specific legal requirements can significantly impact the outcomes and ensure that the child's best interests remain the priority.