Moving Away With a Child in Minnesota: Relocation Notice, Distance Rules and Burden of Proof
In Minnesota a parent may not move the child to another state without the other parent’s consent or a court order. The mover has the burden of proof, unless a victim of domestic abuse, and the court weighs eight best-interest factors.
What does the Minnesota relocation law say?
The parent with whom the child resides shall not move the residence of the child to another state except upon order of the court or with the consent of the other parent, if the other parent has been given parenting time by the decree. If the purpose of the move is to interfere with the other parent’s parenting time, the court shall not permit it (Minn. Stat. 518.175, subd. 3(a)).
| Question | What the statute says |
|---|---|
| Who it covers | The parent with whom the child resides |
| What is restricted | Moving the child’s residence to another state |
| Permission | The other parent’s consent, if the decree gave that parent parenting time, or a court order |
| Bad purpose | If the purpose is to interfere with the other parent’s parenting time, the court shall not permit the move |
| Standard | The child’s best interests, with eight factors |
| Burden of proof | On the parent requesting the move; on the opposing parent if the mover is a victim of domestic abuse by that parent |
| Notice period | None stated in the section |
What factors does the court weigh in Minnesota?
Eight: the nature, quality, extent and duration of the child’s relationships with the mover, the other parent, siblings and others; the child’s age, development and needs and the likely impact; the feasibility of preserving the other parent’s relationship through suitable parenting time, considering logistics and finances; the child’s preference; any pattern of conduct promoting or thwarting the relationship; whether the move will enhance the quality of life for the mover and the child; each person’s reasons; and the effect on safety and welfare of domestic abuse (518.175, subd. 3(b)).
Who has the burden of proof in Minnesota?
The parent requesting to move the residence of the child to another state, except that if the court finds the mover has been a victim of domestic abuse by the other parent, the burden is on the parent opposing the move; the court must consider all the factors (518.175, subd. 3(c)).
Does the statute cover a move inside Minnesota?
The section speaks of a move to another state. We did not read a statute with a notice period or distance trigger for a move within Minnesota, so check your order or parenting plan, and ask a licensed Minnesota attorney.
What about restrictions while the case is pending in Minnesota?
A temporary order may restrain a party from removing any minor child from the jurisdiction of the court (518.131, subd. 1(h)).
What about support and the schedule after a move in Minnesota?
A longer distance can change the schedule and the overnights. Recount with the Minnesota parenting time calculator and run the Minnesota child support calculator. Modifying a parenting plan that specifies the child’s primary residence needs a change in circumstances and necessity for the child’s best interests (518.18).
What should you do before moving in Minnesota?
Read your decree for notice or consent terms, ask the other parent for written consent and, if it is refused, ask a licensed Minnesota attorney how to request the court’s order before the child leaves the state.
Frequently asked questions
Do I need permission to move out of state with my child in Minnesota?
Yes: the other parent’s consent, if the decree gave that parent parenting time, or a court order.
Who has the burden of proof in a Minnesota relocation case?
The parent who wants to move, unless that parent was a victim of domestic abuse by the other parent.
What does a Minnesota court consider on a relocation?
Eight best-interest factors, including the child’s relationships, the feasibility of preserving the other parent’s time and each side’s reasons.
Can a Minnesota court allow a move meant to cut off the other parent?
No. If the purpose is to interfere with the other parent’s parenting time, the court shall not permit it.
Does a move change Minnesota child support?
It can, if it changes the overnights.
Official sources
- Minn. Stat. 518.17: custody; best interests
- Minn. Stat. 518.175: parenting time; moves to another state
- Minn. Stat. 518A.36: parenting expense adjustment
- Minn. Stat. 518.18: modification of orders
- Minn. Stat. 518.131: temporary orders
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Minnesota statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Minnesota attorney.