The end of a marriage is a difficult time, but after it is over, both people need to move ahead with their lives.
This takes many forms: finding a new apartment down the street, remarriage, changing careers, etc. Whatever form this new path takes, if kids are involved they will be affected.
In the courts, child custody determinations are made according to the children’s best interest
, as set out in the Minnesota statute. We’re certain this is your goal to, to ensure the safety and welfare of the children. Courts generally try to maximize the time the child can spend with both parents, within practical reason, unless there are extreme circumstances such as domestic violence or substance abuse.
After a divorce, one of the parties might need or want to relocate.
If this happens, the parents might wonder how far they can go in the move. Note that neither parent needs permission to relocate alone. Either parent is free to move whenever or wherever he or she chooses.
The key is that the parent might not be able to relocate with the children. Minnesota statute 518.175, subd. 3 provides that the custodial parent can’t move out of the state unless he or she has the consent of either the other parent or the court. This means that before you take your children and move out of state, you have to get permission from the other parent. If he or she won’t agree, then you have to turn to the court, where you can file a motion to modify your existing custody order so it will allow you to move away with the children. The court will consider several factors in addition to the typical best interest factors, including the reason for your relocation.
Some custodial parents want to relocate within the state, but still far away from the noncustodial parent. This presents similar problems. If the move will interfere with the parenting time arrangement as stated in the final custody order, then the order will probably need to be modified. For example, if you move 200 miles away, it’s no longer practical for the other parent to have every Wednesday evening with the children. A new schedule will have to be devised, and the other parent can still file a motion to ask that you not be allowed to take the children so far way.
If a long-distance move threatens to upend your DIYvorce, contact your DIYvorce representative for help.
Deciding to get a divorce is hard.
And then it seems to just get harder. But it doesn’t have to be that way anymore.
DIYvorce was created by Minnesota divorce attorneys who know that people need a path to their divorce that doesn’t require thousands of dollars and months of fighting. But they also need to know their divorce is done correctly, and that it resolves the couple’s disagreements.
DIYvorce is an easy-to-use path for for couples who are ending their marriage:
You work through a secure online interview to gather information.
You get helpful information about issues to consider as you work out how to legally part.
You have the opportunity to consult with legal professionals along the way. Your questions will be answered and you can be confident about your final divorce and the documents.