Using A Relocation Clause In A Divorce Agreement
In this article, you can discover:
- How a relocation clause in a divorce agreement may influence your child’s living circumstances.
- The importance of court approval in child relocation scenarios in Minnesota.
- The factors that Minnesota courts consider when determining the approval of a child’s relocation request.
What Circumstances Might Allow For A Relocation Clause In The Original Divorce Agreement?
A relocation clause in a divorce agreement depends on the specific situation of the parents. If both parents are not originally from their current location, they might agree on specific circumstances that allow one or both to move out of state. However, any court-approved relocation will hinge on whether there’s a legitimate reason and need for the parent to move out of state with the child. Unauthorized relocations can potentially result in a loss of custody, especially if the intention was to limit the other parent’s visitation time.
How Far Ahead Should You Petition The Court For Child Relocation In Minnesota?
Petitioning the court for child relocation should be done as far in advance as possible. This allows the court sufficient time to assess the legitimacy of the need to move out of state with the child.
Can You Relocate With The Child Without Court Approval If The Father Isn’t On The Birth Certificate?
If the parents weren’t married at the child’s birth and the father’s paternity hasn’t been legally adjudicated, the mother, who has full custody, can relocate without court approval.
What Restrictions Exist On The Distance Or Location For In-State Child Relocation?
While no statutory limits define how far you can move within the state, the court can place necessary restrictions based on the specific case, including the preferences of the other parent.
What Factors Do Minnesota Courts Consider For Child Relocation Approvals?
Minnesota courts focus on whether the relocation serves the best interest of the child and the parent. If the move doesn’t promise an improved situation for the child, courts may reject it.
What Documentation Supports A Child’s Relocation Request In Minnesota?
Supporting documentation will vary, but the court typically requires evidence demonstrating careful thought and planning for the move, and that it will lead to a better future for the parent and child.
Under What Circumstances Might A Child Relocation Request Be More Likely Approved?
Relocation requests are more likely to be approved if the move provides significant benefits to the parent and child, such as a substantial job promotion.
What Role Does The Non-Custodial Parent Play In Child Relocation Process?
The non-custodial parent’s opinion on the move plays a critical role in the court’s decision. The court also considers how much parenting time the non-custodial parent has and their level of involvement in the child’s life.
Can A Child Express Their Preference Regarding The Relocation?
Children can express their preferences and opinions, but the impact of their views depends on their age and maturity.
What Happens If A Parent Disobeys A Court Order Child Relocation Agreement?
If a parent violates a court order not to move, they risk losing custody of the child. The Uniform Child Custody Jurisdiction and Enforcement Act, in effect across the U.S., ensures a child can be returned to their original state under such circumstances.
For more information on Using A Relocation Clause In A Divorce Agreement, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (763) 284-5552 today.