This post will discuss a custody concern that comes up often in Minnesota custody cases. Many parents contact our firm because the other parent is contemplating moving a long distance away either within the state or out-of-state. The parent who is not moving is concerned about custody and parenting time issues with the children. In the case of a parent moving out-of-state and wanting to take a child, Minnesota law is very clear that such a move is not permissible unless the moving parent has permission of the other parent or a court order.
However, Minnesota custody laws do not have the same prohibitions for a parent moving within the state. It is 367 miles from Rochester, Minnesota to International Falls, Minnesota. On the other hand it is only about 40 miles from Minneapolis, Minnesota to Hudson, Wisconsin. A parent moving a child from Minneapolis to Hudson faces more legal restrictions and requirements than a parent moving a child over six hours away but within the same state. So long as the moving parent can continue to allow the non-moving parent to exercise his/her regularly scheduled parenting time - the parent moving a long distance within the state has no real duty to request court or the other parent's permission.
A recent unpublished Minnesota case addressed this issue. The parents in Bishop v Bishop, No. A09-2219, (MN Ct of Appeals, Nov. 23, 2010) were awarded joint legal and physical custody of their child through their divorce in 2008. In 2009, the mother decided to move 45 miles away and enroll the child in a new school in her new city. The father filed a motion with the court to stop the child from being relocated. He asked the court to modify the custody arrangement to award him sole physical custody.
The district court found in favor of the father and the appellate court affirmed this decision. This decision was made after the district court determined that the child's emotional health and development would be jeopardized by changing his preschool. The need for continuity for the child was paramount because the child had some developmental delays identified by his preschool teachers.
Not all cases will have the same results as that in Bishop. The facts must support a court finding that a change in custody is warranted because the parent's move will endanger the child and that a change of custody is in the best interest of the child. Presenting the facts in a persuasive manner is necessary to prevail in a case opposing an in-state long-distance move. Bishop shows that success is possible.
Cooper & Reid, LLC is a Minnesota law firm focusing on family law and social security disability matters for clients of modest means. Our community-focused practice brings many years of experience and high-quality legal representation to those who might not otherwise be able to afford it. We offer sliding scale fees to low-income clients and innovative representation arrangements for pro se litigants. Find out more about Cooper & Reid, LLC at www.cooperandreid.com.
No comments:
Post a Comment