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Child custody and relocation issues

On Behalf of | Aug 6, 2021 | child custody |

Minnesota parents who divorce must resolve numerous issues regarding their children. Child custody is a priority issue that typically includes several factors, such as where kids will live after a divorce, as well as who will have the legal authority to make decisions on their behalf regarding important matters, such as education, health, etc. Complex issues sometimes arise that are challenging to resolve, such as whether a parent can relocate with his or her children after a divorce is finalized.

There are several types of custody

Relocation after divorce depends on numerous issues, including the exact type of custody a parent has been granted by the court. If parents have signed a shared custody agreement, then they both might have decision-making authority. If one parent has been granted sole custody, it might not be necessary to seek the other parent’s approval before relocating — though it is crucial to make certain before proceeding.

Both parents must adhere to the terms of an existing court order

There is no one answer as to whether parents who divorce may relocate with their children. The terms of one set of parents’ court order might not even be relevant in another case. Every state has its own child custody guidelines, and parents are free to negotiate terms of agreement that fit their particular needs and co-parenting goals. However, if there is a court order in place, both parents must fully adhere to its terms unless and until the court modifies the order. In other words, if an existing court order states that a one parent must seek the other parent’s approval before relocating, then such terms are legally enforceable.

A concerned parent may reach out for support

A Minnesota parent who is concerned about relocation or other child custody issues will want to make sure that he or she clearly understands the terms of the agreement that he or she signed. It is always better to seek legal clarification before relocating or taking any sort of action, especially if the parent in question is not sure if he or she can lawfully implement a specific plan. It is helpful to request a meeting with an experienced family law attorney if a parent encounters a custody issue that he or she does not feel equipped to handle alone.