Custody Clarification

[mybestfriend]

What is the name of your state (only U.S. law)? Minnesota

I currently have joint legal custody of my son and my ex-wife has sole physical custody. She recently has told me that she would like to move out of state with our son. We do have a visitation schedule set up for every other weekend... My question is being she has sole physical custody is she able to move him without my 'permission'? I am not ok with her moving out of state and want to make sure being she has sole physical custody she is not able to do this.

Thanks in advance for help with this matter!

 

[Ohiogal]

What is the name of your state (only U.S. law)? Minnesota

I currently have joint legal custody of my son and my ex-wife has sole physical custody. She recently has told me that she would like to move out of state with our son. We do have a visitation schedule set up for every other weekend... My question is being she has sole physical custody is she able to move him without my 'permission'? I am not ok with her moving out of state and want to make sure being she has sole physical custody she is not able to do this.

Thanks in advance for help with this matter!

Mother would have to properly file the law on relocation. You would be able to go to court to fight against the child being relocated.

 

[CSO286]

What is the name of your state (only U.S. law)? Minnesota

I currently have joint legal custody of my son and my ex-wife has sole physical custody. She recently has told me that she would like to move out of state with our son. We do have a visitation schedule set up for every other weekend... My question is being she has sole physical custody is she able to move him without my 'permission'? I am not ok with her moving out of state and want to make sure being she has sole physical custody she is not able to do this.

Thanks in advance for help with this matter!

You said out of state....How far away are we talking? Would such a move negatively affect your current parenting time schedule? (I ask because if it wouldn't, the courts are far more likely to grant such a request over an objection if it doesn't interfere with your current access.)

Also, now that I notice you are in MN--and I am very familiar with MN law--why should she NOT be permitted to move? MN is fairly relocation-friendly, meaning you will have the burden to show why the child should not be permitted to move, versus mom having to show why the move SHOULD be allowed.

Food for thought.

 

[Astrolink]

You said out of state....How far away are we talking? Would such a move negatively affect your current parenting time schedule? (I ask because if it wouldn't, the courts are far more likely to grant such a request over an objection if it doesn't interfere with your current access.)

Also, now that I notice you are in MN--and I am very familiar with MN law--why should she NOT be permitted to move? MN is fairly relocation-friendly, meaning you will have the burden to show why the child should not be permitted to move, versus mom having to show why the move SHOULD be allowed.

Food for thought.

Actually, under Minnesota statute 518.175, subdivision 3c: "The burden of proof is upon the parent requesting to move the residence of the child to another state, except that if the court finds that the person requesting permission to move has been a victim of domestic abuse by the other parent, the burden of proof is upon the parent opposing the move. The court must consider all of the factors in this subdivision in determining the best interests of the child."

 

[Silverplum]

Actually, under Minnesota statute 518.175, subdivision 3c: "The burden of proof is upon the parent requesting to move the residence of the child to another state, except that if the court finds that the person requesting permission to move has been a victim of domestic abuse by the other parent, the burden of proof is upon the parent opposing the move. The court must consider all of the factors in this subdivision in determining the best interests of the child."

To be found here: https://www.revisor.mn.gov/statutes/?id=518.175, beginning at Subd. 3.Move to another state.