You have finally been offered that perfect job in a state where snowmobiles are something people have only heard stories of.  You would be making more money, have more opportunities for advancement, and be closer to your family.  The only thing between you and this new job is your ex and his/her parenting time.  If your ex will not agree to your moving to Nevada with the children, you will have to bring a motion seeking a judge’s permission to move. 

Is the Move in Your Children’s Best Interest?

If you have sole physical custody of the children, a judge will not allow you to move out of state with them unless you prove the move is in their (not your) best interests.  The burden is on the person requesting the move to prove that the move will be so beneficial to the children that the huge disruption it will cause in their lives is worth it.  In making his/her decision, the judge will consider each of the factors listed below.  You must be ready to offer evidence related to each of the factors listed, and explain to the judge why that evidence means he/she should allow you to move with the children out of Minnesota.  Although a judge will not approve the move if its purpose is to interfere with parenting time, the judge will not deny the move simply because it may require a change in the current parenting time schedule.  If you and your ex share joint physical custody, the standard is different and much harder to meet because a modification of custody is actually involved.

Best Interest Factors When Moving Child Out of State

  • Child’s relationship with parents, siblings and others involved in the child’s life;
  • Child’s age, level of development and needs, and the likely impact such a move would have on the child’s physical, educational and emotional development;
  • Feasibility of preserving the child’s relationship with the parent staying in Minnesota through suitable parenting time arrangements considering the logistics and financial circumstances of each parent;
  • Child’s preference, considering his/her age and maturity level;
  • Whether there is a pattern of attempting to interfere with, or support, the parenting rights of the parent staying in Minnesota;
  • Whether the move will enhance the lives of the child and relocating parent including financially, emotionally or educationally;
  • Why each parent supports or opposes the move; and
  • The effect on the safety and welfare of the child or relocating parent as it relates to domestic abuse.
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