Moving Out of State With Kids: The Realities of Relocation

Best-interest analysis and strategy

Relocation cases are among the most emotional in family law. A move can mean better work, closer family, or new schools—but it also changes a child’s daily life and a parent’s relationship overnight. Minnesota courts apply a best-interests analysis to decide whether a proposed move should be allowed when the parents don’t agree.

The factors that matter most

Judges consider a cluster of factors, including:

  • Each parent’s reasons for and against the move. Is this about genuine opportunities—or undercutting the other parent?

  • The child’s ties to school, activities, extended family, and community.

  • The feasibility of preserving meaningful parenting time for the nonmoving parent (and how travel costs will be paid).

  • The child’s needs, including age, special services, and stability.

  • The co-parenting history—has each parent supported the other’s relationship with the child?

  • Any safety concerns (domestic abuse, substance issues).

  • The practical plan: housing, childcare, schools, healthcare, and a realistic schedule.

Building a persuasive relocation plan

Evidence beats adjectives. Bring offer letters, school comparisons, housing details, after-school options, and flight schedules with prices. Spell out:

  • A concrete parenting-time calendar. Think long blocks in summer, alternating or split holidays, and extended breaks. If the child is young, propose a step-up schedule.

  • Virtual contact routines. Weekly video calls with a shared calendar and notice rules.

  • Travel logistics. Who books? Who pays? What happens when a flight is canceled?

  • Transition supports. Counseling during the first semester, tutoring if school standards shift, and a point person at the new school.

Opposing a move—what works

  • Offer your own enhanced schedule that supports the child’s needs where they live now.

  • Highlight existing supports: grandparents who do school pickups, extracurriculars, healthcare providers with history, relationships with friends, schooling.

  • Show co-parenting cooperation (or lack of it) with texts/emails about schedule swaps and involvement.

  • Focus on the child’s stability and the feasibility problems in the other parent’s plan (cost, distance, age-appropriateness).

Practical tips

  • Don’t move first and ask later. Courts react poorly to.

  • Mind the timeline. Relocation cases can take months; build a bridge schedule so the child isn’t stuck in limbo.

  • Stay child-centered. Judges notice when parents put the child’s routines and relationships first.

Bottom line: The parent with the credible, detailed plan usually has the edge. Whether you’re proposing or opposing a move, get specific and stay child-focused.

Considering a relocation—or responding to one? Our family law attorneys build practical, persuasive plans tailored to your child.

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Prenups & Postnups Under Minn. Stat. § 519.11