How Far Can a Parent Move With Joint Custody in Minnesota?
Joint custody refers to a custody arrangement where both parents share the physical and legal responsibility for their child. In Minnesota, joint custody is encouraged as it promotes the involvement of both parents in the upbringing of the child. However, when it comes to relocating with joint custody, certain guidelines and restrictions must be followed.
Minnesota law requires both parents to notify each other of their intent to move with the child, regardless of the distance. The purpose of this notification is to allow the non-moving parent an opportunity to object to the move if it is not in the child’s best interests. If an objection is filed, the court will determine whether the move should be allowed or not.
To provide clarity on this topic, let’s address some common questions concerning how far a parent can move with joint custody in Minnesota:
1. Do I need the permission of the other parent to move with our child?
Yes, you must notify the other parent of your intent to move. If they object, the court will make a decision based on the best interests of the child.
2. How far can I move without the other parent’s consent?
There is no specific distance mentioned in Minnesota law. The court will consider various factors, including the child’s relationship with each parent and the impact of the move on their well-being.
3. Can I move out of state with joint custody?
Yes, you can move out of state, but you must notify the other parent and obtain court approval if they object.
4. What factors will the court consider when deciding whether to allow the move?
The court will consider the child’s relationship with both parents, the reasons for the move, the child’s educational opportunities, and any negative impact on the child’s well-being.
5. Can the other parent prevent me from moving with our child?
If the other parent objects to the move, they can file a motion with the court to prevent it. The court will then decide based on the best interests of the child.
6. How much notice do I need to give the other parent before moving?
Minnesota law requires 45 days’ notice before the intended move. Failure to provide proper notice may result in penalties.
7. Can I move temporarily without notifying the other parent?
Temporary moves for vacations or short durations may not require notification, but it is recommended to inform the other parent to maintain open communication.
8. Can I move if I have sole physical custody?
If you have sole physical custody, you have more freedom to relocate. However, it is still advisable to inform the other parent, especially if they have visitation rights.
9. Can I move if the other parent has joint legal custody?
Joint legal custody means both parents have equal decision-making rights. If the other parent objects to the move, you will need court approval.
10. Can I move if the other parent has joint physical custody?
If the other parent has joint physical custody, you must notify them of your intent to move. If they object, the court will decide whether the move is in the child’s best interests.
11. Can the court order me to return if I move without permission?
Yes, if you move without proper notification or court approval, the court may order you to return the child to their original residence.
12. What happens if the court allows the move?
If the court approves the move, they may modify the custody arrangement to accommodate the new living arrangements. This could involve adjusting visitation schedules or considering the possibility of long-distance parenting plans.
It is important to remember that each custody case is unique, and the court’s decision will be based on the specific circumstances involved. If you are considering a move with joint custody, it is advisable to consult with an experienced family law attorney to understand your rights and obligations under Minnesota law.