You may be staring at a job offer, a new relationship, or a chance to live closer to family, and wondering if you can move your child with you without turning your life into a court battle. Or you may have just heard the other parent say they plan to move, and your mind jumped straight to losing time with your child. Those are very real fears for parents in Burnsville who already have custody and parenting time orders in place.
Relocation with a child is not just about where you can afford to live or where your support system is. Minnesota law treats relocation as a legal decision that affects both parents and the child, especially when there is an existing court order from a judge in the county where your case is filed. If the move would seriously change how often each of you sees your child, the court usually has a say in whether and how that move happens.
At Burns Law Office, we have spent more than 30 years handling family law matters in Burnsville and the greater Minneapolis area, including many cases where a parent needed or wanted to relocate. Our founding attorney, John T. Burns Jr., has represented nearly 3,000 families in divorce, custody, and parenting time disputes in both trial and appellate courts. Drawing on that experience, we want to walk you through how parental relocation in Burnsville really works so you can make informed decisions before you pack a box or send any moving announcement.
Why Parental Relocation In Burnsville Is A Legal Decision, Not Just A Personal One
Many parents think of moving as a personal or financial choice. If you have joint or sole physical custody, it can be easy to assume that you simply choose where your child lives and then let the other parent adjust. In Minnesota, and especially when you already have a court order from the family court serving Burnsville, that assumption can cause serious legal trouble.
Once a court has entered a custody and parenting time order, that order controls where the child primarily lives and how time is shared until it is changed by agreement or another court order. If you relocate in a way that makes the existing schedule impossible, for example, by moving several hours away or to another state, you are effectively changing the order without permission. Judges generally take that seriously because it can disrupt your child’s stability and the other parent’s rights.
Not every change of address counts as a relocation that requires a legal process. Moving to a different neighborhood in Burnsville or closer to a different elementary school might not affect the parenting schedule at all. A short move within the same school district that still allows both parents to follow the current plan may not raise legal issues. On the other hand, a move from Burnsville to a distant Minnesota city or out of state almost always makes the current schedule unworkable.
The key question is whether the move substantially interferes with the existing parenting time arrangement. We have seen parents agree informally to try out a move, only to find themselves in a difficult spot when the arrangement breaks down, and there is no updated order to enforce. Treating relocation as a legal decision from the start protects both parents and, most importantly, your child. It allows you to plan the move in a way that aligns with Minnesota law rather than scrambling after a conflict erupts.
Considering a move? Call (952) 260-6376">(952) 260-6376 or schedule a consultation online with our Burnsville family law team to understand your relocation rights and options.
When Burnsville Parents Need Consent Or Court Approval To Move With A Child
The next practical question is whether you need the other parent’s consent, a judge’s permission, or both before moving your child. In most Burnsville cases where there is an existing custody and parenting time order, you either need a written agreement that the court adopts or you need to file a motion and get an order allowing the relocation.
If both parents agree that the move makes sense and can work out a new parenting schedule, you can usually handle the relocation through a stipulated agreement. That typically means putting your agreement in writing, including the new residence area, revised parenting time, transportation details, and how holidays and summers will work. The stipulation is then submitted to the family court so the judge can review it and, if approved, turn it into a new order. Having a signed, filed order gives both of you clarity and something to enforce if problems arise later.
When the nonmoving parent does not agree, the situation is very different. If you want to move with the child and the other parent objects, you generally need to file a motion asking the court for permission to relocate and to modify parenting time, or sometimes custody, to match. The other parent may respond by asking the court to block the move or to change custody in their favor if you decide to go anyway. These contested relocation cases are decided after a judge hears evidence and applies Minnesota’s best interests factors.
Moving first and asking for forgiveness later is one of the most damaging choices a parent can make in this context. A parent might accept a job offer in another state and decide they cannot risk losing the position, so they move quickly and assume the court will understand later. Judges tend to look closely at whether a parent has respected court orders and the other parent’s role. If you move the child away from Burnsville without consent or an order, you may face an emergency motion, possible orders to return the child, or a request to change custody.
Because we have seen these scenarios unfold in local courts, we strongly encourage parents to get legal advice and a clear plan before making any physical move. Early conversations can help you decide whether to pursue consent, how to give appropriate notice, and what to file if it is clear that agreement is unlikely.
How Minnesota Courts Evaluate Parental Relocation From Burnsville
When a relocation request becomes a contested matter, parents want to know what the judge really cares about. The core standard in Minnesota is the best interests of the child, and relocation disputes are evaluated through that lens. Courts do not base decisions solely on which parent needs the move more, or who has primary custody on paper, but on how the proposed move will affect the child’s life and relationships.
In plain language, some of the most important include:
- The child’s ties to Burnsville and the current community: Courts look at school, friends, extended family, activities, and the length of time the child has lived in the area.
- The reasons for the proposed move: A genuine job opportunity, closer proximity to supportive family, or improved safety can carry more weight than a move that appears driven by conflict with the other parent.
- The impact on the child’s relationship with the nonmoving parent: Judges examine how involved that parent is now and how realistic it is to maintain strong contact after the move.
- The feasibility of preserving relationships: This includes travel distance, costs, parents’ work schedules, and whether technology can meaningfully supplement in-person time.
- The history of cooperation: Courts review whether each parent has encouraged or interfered with the child’s relationship with the other parent in the past.
- The child’s adjustment and needs: Depending on age and maturity, the child’s preferences and specific needs around school, medical care, and special services also play a role.
Because we have argued these factors in both trial courts and on appeal, we see how they play out in real life. A move from Burnsville to a nearby suburb for a significantly better job, combined with a detailed plan for extended weekends and summers with the other parent, is typically viewed differently than a move that would make contact very difficult without a clear benefit for the child. On the other hand, if the nonmoving parent has been minimally involved and the move brings the child closer to a stable extended family and schooling, judges may focus more on the opportunities in the new location.
The critical takeaway is that relocation cases are not decided on a single fact. Parents who can present a thoughtful, child-focused plan supported by evidence tend to be in a stronger position than those who rely on vague statements like “this will be better for us.” Our role is to help you understand how a judge is likely to view your specific circumstances and to build your case around the factors that matter most.
How A Move Can Change Custody, Parenting Time, And Child Support
Relocation does not happen in a vacuum. If a judge allows a move, or if a move is denied but one parent’s circumstances change, the court often has to revisit custody labels, parenting time, and financial arrangements like child support. Parents are sometimes surprised by how many parts of their original divorce or custody decree can be reopened in this process.
On the custody side, the court may consider whether the existing legal custody and physical custody arrangements still make sense. For instance, if both parents currently share legal custody and live near Burnsville, but one parent wants to move far away, the judge might need to decide which parent will handle day-to-day schooling and medical decisions after the move. In some cases, a relocation request effectively becomes a motion to change primary physical custody from one parent to the other.
Parenting time almost always requires adjustment in relocation cases. A schedule built around alternating weeks, or frequent weeknight dinners, does not work when one parent lives several hours away or in another state. Courts commonly respond by shifting to fewer but longer blocks of time. For example, the nonresidential parent might have extended summer parenting time, longer winter break visits, and more holiday time instead of weekly overnights. Virtual parenting time, such as regular video calls, is often added to help maintain more frequent contact.
These changes in parenting time can lead to changes in child support as well. Minnesota’s child support guidelines take parenting time percentages into account. If relocation reduces one parent’s overnights significantly or transfers primary care to the other parent, the support calculation may need to be updated. In some cases, a relocation can also intersect with spousal maintenance if one parent’s income, work opportunities, or expenses shift in meaningful ways because of the move.
Because Burns Law Office handles all aspects of family law, including custody, parenting time, child support, and appeals, we look at relocation cases from every angle. That means when we help you evaluate a move or an objection to a move, we are also thinking ahead about how the decision will affect your parenting schedule and your financial stability over the long term.
Step-By-Step: The Legal Process For Parental Relocation In Burnsville
Knowing the legal standards is one thing. Understanding what actually happens, and when, is what most parents in Burnsville really want. While every case has unique timing and details, the relocation process usually follows a predictable path once you start treating it as a legal matter rather than an informal conversation.
The first stage is preparation. We typically begin by reviewing your existing custody and parenting time orders and talking through your proposed move in concrete terms. That includes where you want to go, why, what school the child would attend, and how travel between the new location and Burnsville would work. For nonmoving parents, we talk through how the current schedule functions and what a move would realistically mean for your relationship with your child.
Next comes the consent path or the contested path. If it seems possible that both parents can agree, we help the moving parent draft a detailed proposal that includes the new address area, a revised parenting schedule, transportation responsibilities, and how holidays and summers will be handled. We then negotiate with the other parent or their attorney. When an agreement is reached, we prepare a written stipulation and submit it to the family court so a judge can review and, if appropriate, approve it as a new order.
If the other parent objects, we move into the contested process. That usually means filing a motion for permission to relocate and to modify parenting time, or filing a motion to prevent relocation if you are the non-moving parent. The motion is filed in the district court that handled your original case. The other parent is served with the motion and given time to respond. Courts may schedule an initial hearing, require mediation, or, in some cases, order a custody or parenting time evaluation or appoint a guardian ad litem.
The final stage is the evidentiary hearing, where the judge hears testimony and reviews exhibits on the relocation factors and the child’s best interests. Parents and sometimes other witnesses testify, and the court considers documents such as school information, travel plans, and records of parenting involvement. It is common for this entire process, from filing to final decision, to take several months, depending on the court’s calendar and whether evaluations are involved.
Throughout this process, our responsive and supportive team keeps clients informed about deadlines, court dates, and what to expect at each step. We use our experience in Burnsville area courts to anticipate procedural steps and help you prepare thoroughly, whether you are asking to move or opposing a relocation request.
Common Mistakes Burnsville Parents Make Around Relocation
Understanding what not to do can be just as valuable as knowing the right steps to take. In relocation cases, a few recurring mistakes tend to cause outsized damage. Because these problems often show up in local cases, we pay close attention to helping clients avoid them from the outset.
The most serious misstep is moving the child before you have consent or a court order. A parent might accept a job offer in another state and decide they cannot risk losing the position, so they move quickly and assume the court will approve later. Judges tend to view this as disregarding the existing order and the other parent’s rights. It can damage your credibility and may increase the risk that the court orders the child returned or reevaluates custody in favor of the other parent.
Another common problem is relying on verbal or loosely written agreements. A parent may say, “You can go for a year, and we will see how it goes,” or exchange a few casual emails about trying a new schedule. Months later, when conflicts arise around travel costs or missed time, there is no clear, enforceable order. The parent who thought the move was on solid ground can be surprised to find that, legally, the old order still controls, and the other parent is disputing what was agreed.
Parents also hurt their cases by framing relocation arguments solely around their own preferences or finances. Telling the court that you are unhappy in Burnsville, or that your job prospects elsewhere are better, without tying that to the child’s well-being and a concrete plan to preserve relationships, rarely goes far. Similarly, a nonmoving parent who focuses only on their frustration with the other parent, without showing their consistent involvement in the child’s daily life, may struggle to persuade the court.
At Burns Law Office, our practical, client-focused approach is designed to steer you away from these pitfalls. We help you document agreements properly, think through timing and notice, and build a narrative that centers your child instead of conflict. That preparation often makes the difference between a chaotic emergency motion and a well-managed relocation process.
Planning Ahead: How To Strengthen Your Relocation Or Objection
Whether you are considering a move or preparing to respond to one, there are concrete steps you can take now to put yourself in a stronger position. Thoughtful planning shows the court that you are acting responsibly and gives your attorney the material needed to present a persuasive case.
If you are the moving parent, start by developing a detailed plan that goes beyond your own needs. Research schools in the proposed new location, gather information about class sizes and programs, and think about how the child’s educational and social life will compare to what they have in Burnsville. Sketch out a realistic parenting time proposal that accounts for travel distances, cost, and your work schedule. Include how you will handle transportation, whether you are willing to adjust child support to reflect travel expenses, and how you will use video calls or other tools to keep the other parent involved between in-person visits.
For nonmoving parents, it is important to document your current level of involvement. Keep a calendar showing your parenting time, school events you attend, medical appointments you handle, and activities you share with your child. If you receive notice of a proposed move, respond promptly and in writing, and consider proposing alternatives that would preserve your relationship with your child, such as a different move location or a more balanced schedule. Judges often look favorably on parents who take a constructive approach rather than simply saying no without a plan.
In both roles, early legal advice can be crucial. As a firm that has practiced Minnesota family law since 1992, we know how judges in and around Burnsville tend to evaluate relocation cases and what kinds of evidence carry the most weight. We draw on patterns from thousands of family law matters to help you anticipate challenges and shape your communications and decisions from the first conversation about moving, not just once papers have already been filed.
By planning in this way, you give yourself a better chance to navigate relocation without unnecessary emergencies and to protect your child’s stability and relationships, whatever the outcome.
Talk With A Burnsville Family Law Team About Your Relocation Options
Relocating with a child, or facing the possibility that your child may move away from Burnsville, brings together legal, emotional, and practical questions that are hard to sort out on your own. Understanding that relocation is a legal process, how Minnesota courts apply the best interests factors, and how a move can reshape custody, parenting time, and support gives you a real foundation for making decisions rather than reacting in crisis.
If you are even thinking about a move, or if the other parent has raised relocation, an early conversation with our team can help you understand your options and avoid missteps that are difficult to undo later. At Burns Law Office, we combine decades of focused family law experience, respected credentials, and a client-centered approach to guide Burnsville parents through these high-stakes decisions.
Call (952) 260-6376">(952) 260-6376 or schedule a consultation online to speak with our Burnsville family law team about your relocation options and the steps you can take to protect your parental rights.