How Far Can a Parent Move With Joint Custody in Minnesota?
In today’s society, it is not uncommon for parents to live apart, even after divorce or separation. In such cases, joint custody is often awarded to ensure both parents remain involved in their child’s life. However, situations may arise where one parent wishes to relocate, whether for work, personal reasons, or to be closer to family. This raises the question: how far can a parent move with joint custody in Minnesota?
Minnesota recognizes the importance of maintaining a child’s relationship with both parents, even after separation. Therefore, the state has specific guidelines regarding parental relocation under joint custody arrangements. These guidelines aim to strike a balance between a parent’s right to move and the best interests of the child. Here is what you need to know if you are facing a relocation issue under joint custody in Minnesota.
1. Notification Requirement: According to Minnesota law, if a parent wishes to move with a child and the move will significantly impact the other parent’s ability to exercise their parenting time, they must provide written notice at least 45 days before the planned move. The notice must include specific information such as the intended move date, the new address, and the reasons for the move.
2. Objection by the Other Parent: Upon receiving the notice, the non-relocating parent has the right to object to the proposed move. They must file a motion with the court within 30 days of receiving the notice. The court will then schedule a hearing to determine if the move is in the child’s best interests.
3. Best Interests of the Child: When deciding on a relocation request, Minnesota courts consider the child’s best interests. Factors such as the child’s relationship with each parent, the impact of the move on the child’s education and social life, and the ability of the parents to cooperate in the decision-making process are taken into account.
4. Burden of Proof: The parent seeking to relocate with the child bears the burden of proof to demonstrate that the move is in the child’s best interests. They must provide evidence supporting their claim, such as job opportunities, better living conditions, or a support system in the new location.
Frequently Asked Questions (FAQs):
Q: Can a parent move out of state with joint custody in Minnesota?
A: Yes, a parent can move out of state with joint custody, but they must follow the notification requirements and seek approval from the court if the move significantly impacts the other parent’s parenting time.
Q: What happens if a parent moves without providing notice?
A: If a parent moves without providing the required notice, it can be considered a violation of the joint custody agreement. The court may take action to enforce the agreement or modify custody arrangements to protect the child’s best interests.
Q: Can a parent object to a proposed move even if it doesn’t significantly impact parenting time?
A: Yes, the non-relocating parent has the right to object to the proposed move for any reason. However, the court will ultimately determine if the move is in the child’s best interests.
Q: Can a parent’s visitation schedule be modified if the other parent moves far away?
A: Yes, if a parent’s move significantly impacts the other parent’s ability to exercise their parenting time, the court may modify the visitation schedule to accommodate the distance.
Q: What if the other parent objects to the move?
A: If the non-relocating parent objects to the move, a court hearing will be scheduled to determine if the proposed move is in the child’s best interests. The court will consider various factors before making a decision.
In conclusion, joint custody in Minnesota allows both parents to maintain an active role in their child’s life. However, if one parent wishes to relocate, they must follow specific guidelines and seek approval from the court if the move significantly impacts the other parent’s parenting time. The court will always prioritize the best interests of the child when deciding on relocation requests, considering various factors before making a final decision.