An information sheet with discussions of various considerations surrounding taking a child out of the state when the parents are divorced.
Law Summary regarding Removing a Child from the State of Minnesota
State:
Minnesota
Control #:
MN-8754D
Format:
Word;
Rich Text
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FAQ
How are Parental Rights Terminated in Minnesota? In Minnesota, a juvenile court may, upon petition, terminate all rights of a parent to a child. Termination of parental rights may either be voluntary or involuntary. Voluntary termination is where a parent agrees and consents to terminate the parent-child relationship.
Unfit parent- You are seen as unfit if your behavior shows that you can't or won't take care of the children's physical, emotional, and mental health.
Generally, parental alienation is not yet regarded as a crime. However, if false accusations of abuse are made, which would involve the police, a parent may be held responsible. Other legal effects may include: Major impact on the outcome of a custody hearing.
The severe effects of parental alienation on children are well-documentedlow self-esteem and self-hatred, lack of trust, depression, and substance abuse and other forms of addiction are widespread, as children lose the capacity to give and accept love from a parent.
Being unwilling to meet your child's basic needs for food, shelter, clean water, and a safe environment (examples of unsafe environments include: your child living in cars or on the street, or in homes where they are exposed to poisonous materials, convicted sex offenders, temperature extremes, or dangerous objects
Parental Alienation A Basis for Modification of Parenting Time or Custody.In other cases, the offending parent who deprives the other parent of their rights by concealing a child or otherwise not following custody order could be charged with a felony. Minnesota Statute §609.26.
If there is some type of court action involving the children (divorce, custody, visitation, child support, etc.) that is in process, then it may be illegal for you to take the children out of state, even temporarily, without permission from the judge and/or consent of the other parent.
Keep meticulous records. Note conversations with the other parent, keep printouts of text messages and emails, call logs, and any disruptions to parenting time. Private interview with the judge. It is possible to request that the judge interview your daughter in private. Work with a child custody evaluator.
Document Disparaging Remarks. Preserve Social Media Evidence. Request an Attorney Ad Litem or Guardian Ad Litem. Depose Your Ex.