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REMOVING A CHILD FROM THE STATE OF MINNESOTA CUSTODIAL PARENT WISHES TO MOVE FROM MINNESOTA AND TAKE THE CHILD If a parent who has been awarded custody of a minor child wishes to move to another state, that parent must either obtain the consent of the non-custodial parent or obtain a court order that specifically permits the parent to move with the child. The court will not grant a request (Motion) to move out of state if the non-custodial parent can either show that the move is intended to interfere with the visitation rights of the non-custodial parent or that the move is not in the best interest of the child. THE BEST INTEREST OF THE CHILD It is presumed to be in the best interest of the child to move with the custodial parent. Generally, the court will permit the custodial parent to remove the child from the state, but it is often wise to show the court that the move will be in the child's best interest, that the move will in no way endanger the child, and that the move is not being made to defeat the non-custodial parent's visitation rights. VISITATION AFTER THE MOVE It is necessary to consider how visitation will be accomplished after the move. When will visitation occur and who will pay for it? These are questions that must be thought out. It is usually advisable to propose a plan to the court that addresses these questions. Sometimes the court will divide the costs of transporting the child for visitation. Sometimes the court will require the moving party to pay for the cost of returning the child to Minnesota to visit the non-custodial parent. MOVING TO ANOTHER COUNTRY Whether the same standards apply to an intended move to another country with a child is unclear. On the one hand, the court has granted permission for a custodial parent to move to Germany in a situation where the parent's new husband was stationed in Germany on military duty. On the other hand, the court has denied a custodial parent permission to move her children to Finland when the purpose of the move was to establish permanent residency in Finland. In the case of a permanent move to a foreign country, the court may conclude that it is in the best interest of the children to remain in the stable, satisfactory environment of Minnesota to which the children have adjusted. Thus, it may be more problematic to permanently move to a foreign country than to permanently move to another state within the U.S.A. - 1 - REMOVAL BY CUSTODIAL PARENT WITHOUT CONSENT OR ORDER OF THE COURT If a custodial parent removes a child from the State of Minnesota without either obtaining the consent of the non-custodial parent or a court order, the non-custodial parent may commence an action to change custody and have the child returned to Minnesota. The court will not necessarily presume that it is in the best interest of the child to remain with a custodial parent who has removed the child from Minnesota without consent or court order. The court may order a change of custody in these cases. REMOVAL BY A NON-CUSTODIAL PARENT If a non-custodial parent fails to return a child to the custodial parent at the time set for returning the child, the non-custodial parent may be charged with a felony and can be prosecuted in a criminal action. This is true whether or not the child is removed from the state. - 2 -