Do I Need Permission to Move Within Minnesota?
People often ask me whether or not they need the other parent’s permission or the Court’s permission to relocate within the state of Minnesota.
The short answer is “no.”
The first thing to understand is that nobody needs permission to move either within Minnesota or outside of Minnesota. What we’re really talking about is whether or not the children will be permitted to relocate along with the parent. Here’s where it gets more complicated.
Here again, strictly speaking, a parent’s relocation within the State of Minnesota does not in and of itself require permission, nor does it legally change the parenting time schedule or the child’s school. However, if as a practical matter the move would necessitate a change to the parenting time schedule and/or the choice of school because of the distance of the move, then there are no guarantees as to how the Court will decide to remake the parenting time schedule, or which school the Court will determine to be in the best interests of the child to attend. There are no really clear-cut rules here. The Court will take all relevant circumstances into account. These cases are very fact-specific. It is strongly advisable to have an attorney in these situations, preferably several months in advance of the proposed move.
The short answer is “no.”
The first thing to understand is that nobody needs permission to move either within Minnesota or outside of Minnesota. What we’re really talking about is whether or not the children will be permitted to relocate along with the parent. Here’s where it gets more complicated.
Here again, strictly speaking, a parent’s relocation within the State of Minnesota does not in and of itself require permission, nor does it legally change the parenting time schedule or the child’s school. However, if as a practical matter the move would necessitate a change to the parenting time schedule and/or the choice of school because of the distance of the move, then there are no guarantees as to how the Court will decide to remake the parenting time schedule, or which school the Court will determine to be in the best interests of the child to attend. There are no really clear-cut rules here. The Court will take all relevant circumstances into account. These cases are very fact-specific. It is strongly advisable to have an attorney in these situations, preferably several months in advance of the proposed move.