Thinking About Moving Out of State With Your Child? What Minnesota Parents Need to Know

One of the most difficult decisions a parent may face after a divorce or custody judgment is whether they can relocate to another state with their child. Whether the move is for a new job, to be closer to extended family, or to make a fresh start, a relocation request often brings intense emotions, legal hurdles, and uncertainty. If you are subject to a custody and parenting time order in Minnesota and you're considering such a move—or if your co-parent is—you must understand the legal landscape surrounding these decisions.

Under Minnesota Statute § 518.175, subd. 3, a parent cannot move the child’s residence to another state without either the other parent’s consent or a court order. Even if you are the child’s primary residence provider, that alone does not give you the automatic right to relocate out of state with your child.

Let’s take a closer look at what this means, how courts evaluate these requests, and what parents should be prepared for if faced with a relocation dispute.

The Legal Standard: You Can’t Just Pack Up and Leave

Minnesota law is clear. If your parenting plan or custody order gives the other parent parenting time—even if it’s limited—you must either get their consent or seek court approval before moving the child’s residence out of Minnesota.

Here’s the exact language from the statute:

“The parent with whom the child resides shall not move the residence of the child to another state except upon order of the court or with the consent of the other parent, if the other parent has been given parenting time by the decree.”

This restriction exists to ensure that the noncustodial parent retains access and a meaningful relationship with the child. The courts take this very seriously.

In fact, if the court finds that your intent in moving is to interfere with the other parent’s parenting time rights, the court must deny your request to relocate. No matter how well-meaning the move may seem on the surface, any sign of bad faith—such as an effort to undermine the other parent’s role—will likely work against you.

The Burden of Proof: Who Has to Show What?

In most cases, the parent requesting the move bears the burden of proof. That means you must present evidence showing that the relocation is in the child’s best interests, not just your own.

However, there is one exception: if the parent requesting the move has been a victim of domestic abuse by the other parent, the burden shifts. In that case, it’s the parent opposing the move who must show that the relocation is not in the child's best interests.

Still, even in abuse cases, courts will closely evaluate how the move will affect the child’s development, stability, and relationship with both parents.

The Best Interests Standard: What the Court Looks At

Minnesota courts do not make relocation decisions based on a parent’s needs or desires alone. Instead, the central question is: Will this move be in the best interests of the child?

Under § 518.175, subd. 3(b), the court must evaluate the following eight factors—plus any other relevant information:

1. The Child’s Relationships

The court considers the nature, quality, and extent of the child’s relationship with both parents, siblings, and other important people in their life. If the move would disrupt strong, stable relationships—especially with the nonrelocating parent—it could weigh heavily against relocation.

2. The Child’s Developmental Needs

How old is the child? Are they in a crucial developmental stage, such as early childhood or adolescence? The court will assess how the move would impact the child’s physical, educational, and emotional development, especially if the child has special needs.

3. Feasibility of Preserving the Other Parent’s Relationship

Can the nonmoving parent still maintain a meaningful relationship with the child if the move happens? Courts will look at whether realistic and reasonable parenting time can be maintained—accounting for travel costs, logistics, and the parents’ financial situations.

For example, a parent moving from Minnesota to Wisconsin may be more feasible than moving to Florida or California. Longer distances create bigger challenges for maintaining close parental bonds.

4. The Child’s Preference

If the child is old enough and mature enough, their preference may be considered. This is typically more relevant for teenagers or older children who can articulate their thoughts and feelings about the move.

5. Pattern of Conduct

Has the parent requesting the move tried to encourage the child’s relationship with the other parent—or tried to thwart it? The court looks for past behavior that may signal whether the move will isolate the child from the nonrelocating parent.

6. Quality of Life Improvements

Would the move improve the quality of life for the parent and the child? This includes better financial opportunities, job security, access to extended family support, emotional stability, or access to better schools or medical care.

The improvement must be meaningful and demonstrable, not speculative or superficial.

7. Each Parent’s Reasons

Why does one parent want to move—and why does the other oppose it? The court weighs each parent’s motives and whether those reasons align with the child’s best interests. A purely selfish or vindictive reason for either supporting or opposing the move will likely backfire.

8. Domestic Abuse Concerns

The court must evaluate whether the move would affect the safety or welfare of the child or the relocating parent, especially if domestic abuse is a factor. This includes physical violence, harassment, stalking, or emotional abuse under Minnesota’s domestic abuse statute.

It’s Difficult to Move Without the Other Parent’s Consent

In practice, courts are very cautious about approving out-of-state moves over the objection of the other parent. That’s because one of the court’s primary goals in any custody or parenting time case is to preserve the child’s relationship with both parents.

Even if a move appears to be in the relocating parent’s best interest—such as taking a better job or moving closer to family—the court won’t automatically approve the request unless there’s clear and convincing evidence that the child will benefit from the relocation.

This can be a high bar to clear, especially when the nonmoving parent has been consistently involved, responsible, and has a positive relationship with the child.

What to Do If You're Considering a Move

If you're thinking about relocating out of state with your child, take these steps:

1. Talk to an attorney early – Don’t make plans or give notice until you understand your rights and obligations.
2. Document everything – Gather evidence showing how the move will benefit your child and how you plan to maintain the other parent’s relationship.
3. Communicate openly with the other parent – You may be able to reach a written agreement, which is usually preferable to going to court.
4. Be child-focused – Your request will be stronger if you can clearly show how the move enhances your child’s life, not just your own.

Conclusion: A Relocation Issue Is a Custody Issue

Make no mistake—a request to move your child out of state is often treated like a new custody dispute. Minnesota courts treat these requests with the same seriousness, and the outcome will depend on a detailed, fact-specific analysis of the child’s best interests.

Whether you are hoping to relocate or trying to prevent a move, having experienced legal guidance is essential. At Mundahl Law, we understand how personal and emotional these cases can be, and we are here to help you protect your rights—and your child’s well-being—every step of the way.

If you’re facing a potential move or a dispute about relocation, don’t hesitate to reach out to us at 763-575-7930 to schedule a consultation. We’ll help you understand your options and craft a plan rooted in what matters most: your child’s best interests.