Relocation after a divorce or separation is a common issue in family law. In family law cases involving children, a parent may petition the court for permission to relocate with a child out of state or internationally. If you are facing a Minnesota child custody relocation issue, the attorneys at Arnold & Cain PA can assist you.
In cases where a party seeks to relocate with a child, the court will apply a different legal standard depending upon whether the relocation request is part of an initial custody determination or a request made after a final custody determination has been reached. In initial custody determinations, a proposal to relocate the residence of a child is one factor that the court must consider in determining the child’s best interests.
In post-decree cases, obtaining permission to relocate out of state can be more challenging due to the permanency of the original custody and parenting time determination having been established. In most cases, the party seeking to relocate out of state has the burden of proof and must establish his or her case under a best interests analysis specific to relocation cases. However, in cases where there has been a finding of domestic violence, a different standard may apply. For more information on pursuing relocation or defending against a relocation, contact the attorneys at Arnold & Cain PA.