Modification of Child Custody and Visitation Attorney in Minneapolis, Minnesota
What happens when a custodial parent moves out of Minnesota?
What happens when a custodial parent moves out of Minnesota?
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when a custodial parent moves out
and if they just take up and leave say
they just i’m leaving i’m moving
and there is a parenting time order in
place where the parent left behind has
court-ordered parenting time
well
you can call the police you can call the
courts and you’ll get a court order
that will then be sent to wherever these
children are
assuming you know the location and these
children will be brought back to
minnesota they’ll be brought back to the
state
and then
the court will
hold a hearing
to see if
the circumstances are such that it’s in
the best interest of the children to
be relocated out of state with that
parent i’ve seen it happen
where
a
custodial
parent moved to north dakota with the
child the client that we represented had
parenting time and it was court ordered
but it was one day a week or
one overnight a week and maybe one
one dinner a week it was very very small
amount of parenting time
so
as soon as that person moved out without
permission we got a court order and the
child was brought back to minnesota
however we did have the hearing and we
made all of the arguments we could to
keep that child in minnesota but
uh this mother had had moved out with
her new husband to north dakota he was
following the oil boom his business was
there
and the court
determined that mother did not move out
in order to thwart father’s parenting
time
which is one of the factors and so he
ended up getting more parenting time
during the summer than he had in order
to compensate him for the parenting time
that he was losing when mother moved out
of state so
every case is highly nuanced but the
first step is the kid gets brought back
if a child is taken and the father
doesn’t have any parental rights doesn’t
have any um court-ordered parenting time
it can be a different story it’s a lot
more challenging
Minneapolis, MN family law attorney Michael Fink explains what happens when a custodial parent moves out of Minnesota. He remarks that when a custodial parent relocates without permission, it can create serious issues if there is an existing parenting time order. If the parent left behind has court-ordered parenting time, they can involve the police and the courts to enforce the order. A court order can be issued to ensure the children are returned to Minnesota, assuming their location is known.
Once the children are back in the state, the court holds a hearing to determine whether relocation out of state is in the best interest of the children. He recalls a case where a custodial parent moved to North Dakota with the child. The client he represented had limited court-ordered parenting time—one overnight a week and one dinner a week. As soon as the parent moved without permission, a court order was obtained, and the child was brought back to Minnesota.
During the subsequent hearing, arguments were made to keep the child in Minnesota, but the court found that the mother’s move, along with her new husband following the oil boom for his business, was not intended to interfere with the father’s parenting time. The court ultimately increased the father’s summer parenting time to compensate for the time he had lost due to the relocation. He notes that every case is highly nuanced, and if a parent without court-ordered rights takes a child out of state, the situation becomes much more challenging.
