Whether it is to start fresh or take advantage of a great new job opportunity, relocation out of state can be an exciting time. However, if you share custody of a child, this can make the process more challenging. A Mankato relocation lawyer can help you understand your parental rights and help manage the relocation process with your child.

If you are ready to talk about relocating out of state with your children, reach out to an accomplished family attorney at Kohlmeyer Hagen, Law Office Chtd. They could review your case and explain your legal options.

Out of State Relocation: Joint Custody vs. Sole Custody

When a parent decides to move with their child out of state, it is vital that they understand how custody and the laws of Minnesota might affect their move. Before taking a child out of state, parents should understand their legal and physical custody status and its implications.

In cases where the parent has sole legal and physical custody of their child, and there is no court order granting parenting time to the other parent, then they may relocate out of Minnesota without the approval of the non-custodial parent or even a court. However, if the non-relocating parent has court-ordered parenting time with the child, they will need to seek approval for relocation, even if they have sole physical custody.  The key is if the parent has any parenting time.

If parents share parenting time, the relocating parent will need to either obtain written consent from the non-relocating parent or a court order allowing them to relocate with the child. A relocation attorney in Mankato can assist with this process, but it takes time.

Factors the Court Will Consider During Relocation

When a parent chooses to move out of state with their child, the court will consider several factors before approving the move. The court’s main priority is the best interest of the child. Other factors they may consider include:

  • The safety and welfare of the child
  • The age and development of the child
  • The child’s preferences regarding relocation
  • The parents’ reasons for seeking or opposing the relocation
  • The feasibility of preserving the child’s relationship with the non-relocating parent
  • Whether the relocation will enhance the child’s quality of life financially, emotionally, or educationally
  • Any past conduct by the relocating parent to undermine the child’s relationship with the non-relocating parent
  • The nature of the child’s relationship with the relocating parent, non-relocating parent, and other family members

A child may not move to a residence out of state except under the court’s order or with the consent of the non-relocating parent if that parent has court-ordered parenting time. If the purpose of a relocation is to interfere with the other parent’s parenting time, the move will likely not be approved.

A lawyer in Mankato can help prove that your relocation aligns with the child’s best interests and present a strong case if the other parent is contesting your relocation.

When To Hire a Relocation Lawyer

Whether a parent is just thinking about relocating or has already started the process of moving away, it is never too early to hire legal counsel. An attorney in Mankato can explain the law and legal process to help a parent make critical relocation and custody decisions.

Moreover, a relocation lawyer may provide representation during negotiations with the co-parent and their counsel. These discussions can be important to maintaining an amicable parenting situation and creating a plan that is in the child’s best interests.

Relocation can create tense and emotional situations for families. While this may be an exciting step, it may also create friction with children and co-parents. Attorneys can help maintain balance and ensure a parent makes informed decisions.

Call a Relocation Attorney in Mankato

A Mankato relocation lawyer at Kohlmeyer Hagen, Law Office Chtd. can support you as you attempt to relocate with your child. With the help of our determined team, we can represent you through the relocation process and work to secure your custody rights.

If you are planning to move, schedule a consultation with us as soon as possible. Our team can help you understand what to expect during the legal process and potential custody implications.