Can I Move Out of Minnesota with My Child? A Guide to Out-of-State Relocation Laws
In Minnesota, you cannot move a child out of state without the other parent's written consent or a court order if they have parenting time. The court fee to file a motion is roughly $50 to $100, and the process typically takes 3 to 6 months.
Understanding Minnesota's Relocation Laws
Moving to a new state is a major life decision, especially if you share custody of a child. If you currently live in Minnesota and the other parent has court-ordered parenting time, you cannot simply pack up and move across state lines. Under Minn. Stat. § 518.175, you must either obtain written consent from the other parent or get an official order from the court. The law is designed to protect the child's relationship with both parents.
The legal burden of proof generally falls on the parent who wants to move. You must prove to the judge at the Hennepin County District Court, Family Court Division, Minneapolis or the Ramsey County District Court, St. Paul that the relocation is in the best interests of the child. The only major exception is if you are fleeing domestic abuse; in those cases, the court shifts the burden to the abusive parent to prove the move would be harmful.
Specific Scenarios for Relocating
Every family's situation is unique, but judges look at the specific reasons for the move. Simply wanting a change of scenery is rarely enough to justify taking a child away from their other parent.
Military Transfers and Deployments
If you are an active-duty service member facing a mandatory permanent change of station (PCS), courts generally view this as a legitimate, necessary reason to move. However, you still need court approval. You or your attorney will need to file a formal motion using Form CHC302, Minnesota, Judicial Branch, Notice of Motion and Motion for Change of Custody. The court will work to create a long-distance parenting plan that maximizes the child's time with the non-moving parent during summers and holidays.
Corporate Job Relocations
A significant promotion or a mandatory job transfer can be a valid reason to relocate. The court will weigh the financial benefits the new job brings to the child's life against the disruption of their relationship with the other parent. You must demonstrate that this specific job offer substantially improves your family's quality of life and that similar opportunities are not available locally in Minnesota.
How a Non-Moving Parent Can Block the Move
If you are the parent staying in Minnesota and you want to prevent the relocation, you must object during the family court proceedings. The court will consider several factors established in precedents like Goldman v. Greenwood, 748 N.W.2d 279 (MN Supreme Court 2008). You can argue that the move will damage your bond with the child, that the moving parent is simply trying to interfere with your parenting time, or that the child's ties to their Minnesota school and community are too important to sever.
How Much Does it Cost in Minnesota?
Filing a motion for relocation involves standard court fees and potentially significant legal expenses, especially if the other parent fights the move.
| Type of Expense | Estimated Cost (USD) |
|---|---|
| Court Filing Fee (Motion) | Typically $50 to $100 depending on the county. |
| Mediation Fees | $150 to $300 per hour (often split between parents). |
| Lawyer Fees (Uncontested) | $1,500 to $3,000 for drafting and filing an agreement. |
| Lawyer Fees (Contested Trial) | $5,000 to $15,000+ if the case goes to a full hearing. |
Because relocation cases are notoriously difficult and highly emotional, we strongly suggest browsing our US Lawyers directory to find an experienced local family law attorney.
How Long Does the Process Take?
If both parents agree and sign a stipulation, a judge can approve the new long-distance parenting plan in 3 to 6 weeks. If the non-moving parent objects, the case will require mediation, an evidentiary hearing, and possibly a custody evaluation. A contested relocation dispute in Minnesota typically takes 6 to 12 months to resolve.
Frequently Asked Questions (FAQ)
Can I move anywhere within Minnesota without permission?
Generally, yes. The law restricts moving the child to another state. However, if an in-state move is far enough to disrupt the current parenting time schedule, you will still need to return to court to modify the schedule.
What if I move out of state without court approval?
Moving without consent or a court order can result in the judge holding you in contempt of court. The judge can order you to return the child to Minnesota immediately and may even reverse custody in favor of the other parent.
Does the child have a say in whether we move?
If the child is of sufficient age and maturity (usually teenagers), the court may consider their preference. However, the child's preference is just one of many factors the judge evaluates.
Who pays for travel expenses if the child moves out of state?
The court will determine how to allocate travel costs for visits. Often, the judge will require the moving parent to bear a larger share of the flight or driving costs, or they may adjust child support to compensate.
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