DIVORCE AND MOVING OUT OF THE STATE

Prior to 2006, if a custodial parent (parent with the majority of time) wished to move out of Minnesota, the law presumed that such a move was in the child’s best interests, and the non-custodial parent would have to show the court (known as the “burden of proof”) that the move was not in the child’s best interests, and further, would endanger the child.  However, in 2006 the Legislature did away with this presumption and switched the burden of proof.  Now, if a custodial parent wishes to move their child out of Minnesota, that parent must show the Court that it is in the child’s best interests to move to another state.  There are multiple factors the Court must consider in determining whether a requested move is in the child’s best interests: the impact the relocation will have on the child’s physical, educational, and emotional development; the feasibility of preserving the relationship with the non-relocating parent; and whether relocation will enhance the general quality of life for the custodial parent and the child.  This shift of the burden of proof, however, does not apply to cases where the custodial parent has been a victim of domestic abuse by the other parent.  If you have any further questions regarding this aspect of family law, or are interested in speaking to an attorney about such matters, please contact our firm at 651-772-3446.