Can Ex and Child Move Away? Relocation and Child Abduction in Minnesota
One of the most pressing dilemmas in life after divorce may be how to navigate child custody–especially if you desire to move away from your ex-partner with your child. If you are looking into moving to another state with your child, you first need to understand the legalities of Interstate Relocation.
Interstate Relocation, or even Overseas Relocation, is a fairly common post-divorce hurdle. If you are not already the legal primary guardian of your child, then you must obtain consent from your ex-partner to move elsewhere with your child. The same is true of them towards you.
What if your ex-partner doesn’t give you legal consent?
You do have options. That’s when it’s time to make an appeal to a district court to obtain legal consent that will overrule that of your ex-partner. If you don’t know where to start in that journey, an experienced divorce attorney or child custody attorney in Minnesota can help.
What if you don’t want to grant your ex-partner legal consent?
You are within your rights to deny them that permission. If they want to go through with such a move without your consent, you would both need to seek legal assistance to defend your stance in court.
Can a district court also prevent legal consent?
Yes. If, for whatever reason, they deem it in the best interests of the child not to provide consent for a child to relocate with a parent, then they will.
However, this should not discourage you from seeking legal assistance if you sincerely wish for custody. The court will consider the risk factors for the child and make reasonable deductions. As you seek the best interests of your child, legal assistance can only benefit you. It is within the best interests of your legal relationship to your child to act in accordance with the law.
What happens if you move with your child (or children) without legal consent?
This can be considered child abduction. Child abduction is just what it sounds like: it is whenever a child is removed from the umbrella of care that their parents provide them unlawfully, in a way that infringes upon the rights of both parents and the child.
What if your ex-partner has already relocated with your child, without your consent?
As stated, this is child abduction and it is illegal.
An application to the district court can be made for the child to be immediately returned to their original home location. Then the court will require the child to remain in that location, while they process the parent’s request for permission to relocate with the child.
If that request is denied, then they cannot legally move with your child. If they try to do so again, they will be prosecuted.
How does a Family Court of Law determine what’s best for the child in an Interstate Relocation case?
The court will ultimately consider the child’s best interests, including:
- The nature and quality of relationships that the child has with each family member, as well as other significant people in their life.
- The physical and emotional needs of the child in their particular stage of development.
- The child’s preference.
- Why the parent is seeking to relocate.
Are you or your ex-partner attempting to relocate with your child?
Or, perhaps someone already has. Either way, you’ll want a child custody lawyer in Minnesota on your side whom you can trust. The attorneys at Beckman Steen & Lungstrom, P.A. are an excellent choice, as they will advocate for your child and help you navigate these strange waters. Contact them today for a free consultation.