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The parent seeking to relocate out of state with the child may only do so with the other parent's consent or a court order. The statute prohibits a court from allowing a move if it finds that ?the purpose of the move is to interfere with parenting time given to the other parent.?
Visit the court administration counter at the courthouse in the county where the case is located. Most requests can be completed on the same day. However, due to space limitations and other storage consideration, many counties keep some court records off-site.
Read through the Definitions tab for commonly used words in custody and parenting time cases, and read through the Frequently Asked Questions (FAQs) tab for more information. Under MN law, there are two types of child custody: physical custody and legal custody.
There is no set age in Minnesota when a child chooses to not see a parent. Parenting time is determined by the best interests of a child which is measured by twelve separate factors. One of the twelve factors is the reasonable preference of a child depending upon his or her age and maturity.
In practice, this means that there must be strong evidence in favor of the change of custody. Examples of such evidence are: a child's strong desire to live with the non-custodial parent combined with at least some additional evidence. physical, sexual or emotional abuse by the custodial parent.
The requirements for a custody modification are governed by Minnesota Statues section 518.18. In general, a motion to modify custody cannot be submitted to the court unless it has been at least one year since the original divorce or legal separation order was entered and the custody order went into effect.
Minnesota Statute Section 518.18 governs modifications of a prior custody order, and provides that the petitioning party must make a showing of the following: (1) the circumstances of the children or custodian have changed; (2) modification would serve the children's best interests; (3) the children's present ...