Maintaining a strong relationship with your kids following your divorce in Minnesota is often difficult (especially if the court only allows you visitation time or limits your custodial time compared to that of your ex-spouse). That difficulty might only increase if your ex-spouse expresses a desire to move away with the kids.
Many in your same position come to us here at the Kennedy & Kennedy Law Office concerned that they have no legal recourse to prevent this (or even make modifications to their custody agreement to accommodate it). Yet that is not the case.
Maintaining a strong bond between both parents
Minnesota family courts recognize the advantage children have from the direct involvement of both parents in their lives. Thus, they require that one potentially wanting to put a strain on that involvement. Per Section 518.175 of Minnesota’s Domestic Relations Code, the court requires that (in the event your divorce decree allows you some form of parenting time) your ex-spouse provide notice of their intent to relocate. If the court believes the purpose of the relocation is to interfere with your parenting time, it will typically not permit the move.
Evaluating the best interest of the kids
What if that intent is not directly apparent? Should you object to your ex-spouse’s proposed move, the court will review the situation to see if it is in your kids’ best interests. Factors it considers include:
- The extent of both your and your ex-spouse’s involvement in the children’s lives
- The potential impact of the relocation on your kids
- The feasibility of you maintaining consistent contact with your kids should they move
Ultimately, the goal is for you to maintain a presence in your kids’ lives. You can find more information on accomplishing within the bounds of your custody arrangement throughout our site.