Can I move out of the State with my Child?

By Matt Majeski, Minnesota divorce and family law attorney since 2008. Last reviewed October 2026.

Short answer: If both parents have court-ordered parenting time, you can move out of the state with your child only with the other parent’s consent (preferably in writing) or a court order. If the other parent objects, the court decides based on the child’s best interests, and the parent who wants to move usually has the burden of proof.

Moving to another state with your child may make a lot of sense. Maybe you got a great job offer. Or maybe you want to be closer to family, friends, or a supportive new partner.

Whatever the reason, most separated or divorced parents in Minnesota can move to another state themselves. However, taking the children is a different matter.

These are called relocation (or “removal”) cases, and they often involve big changes to parenting time. Whether you can move with your children depends on your current situation.

Moving out of state with a child: Two Situations

SITUATION 1: One Parent has all the Parenting Time

Here, one parent has all the parenting time, and the other has no court-ordered time. In this case, that parent may move out of state with the child. They don’t need the other parent’s permission or a court order.

There is one caveat, though. If the other parent learns about the move, they can start a custody or parenting time case and try to block it.

SITUATION 2: Both Parents Have Parenting Time

Here, one parent wants to move to another state with the child, but both parents have parenting time. In that case:

• To move with the child, the parent needs either a court order or the other parent’s consent, preferably in writing.
• If the purpose of the move is to interfere with the other parent’s parenting time, the court will not allow it (Minn. Stat. § 518.175, subd. 3).
• If the other parent objects, the court decides based on the child’s best interests.

To decide, the court looks at factors such as the child’s bond with each parent and other family members. It also weighs the child’s age and needs, and how the move would affect the child’s development. In addition, the court asks whether a long-distance schedule could preserve the child’s bond with the other parent. Finally, it considers each parent’s reasons for the move. Since children generally benefit from regular time with both parents, it’s very hard to move over the other parent’s objection.

Whichever parent you are, keep in mind that Minnesota takes parental kidnapping seriously. It can be tempting to just leave with the child. However, that’s almost always a mistake, and it can lead to criminal charges and a change in custody.

The Burden of Proof in Child Relocation

Generally, the parent who wants to move has the burden of proof. That parent must show that the move is in the child’s best interests.

There is one exception. The court may find that the parent who wants to move was a victim of domestic abuse by the other parent. In that case, the burden shifts. Then the parent opposing the move must show that it’s not in the child’s best interests.

Summary: Moving Out of State with a child is hard

Minnesota’s rules for out-of-state moves are in Minn. Stat. § 518.175, subd. 3. Courts also recognize that children usually do best with easy access to both parents. That view rests on legal and social science research, and it’s built into Minnesota’s best-interests statute.

It does happen. Still, it’s difficult to move with the children if the other parent has parenting time and objects. The moving parent has to show that the move is in the child’s best interests, despite less time with the other parent.

Relocation cases are complex and serious. They can also raise issues of parental rights, parental kidnapping, and custodial interference.

For example, in Minnesota, it can be a felony to hide, take, keep, or fail to return a child in a way that deprives the other parent of their rights (Minn. Stat. § 609.26).

Related reading: Changing Custody or Parenting Time in Minnesota.

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