Parental Relocation Lawyer in Burnsville

Representing Parents Seeking to Move & Parents Opposing a Move

Relocation disputes are among the most contested matters in family law. Whether you’re a parent who needs to move for work, family, or safety reasons, or a parent fighting to keep your child close, the outcome can reshape your family’s daily life. At Burns Law Office, we represent parents on both sides of these disputes, drawing on John T. Burns Jr.’s trial and appellate experience built across more than 30 years of family law practice. Since 1992, we’ve guided nearly 3,000 families through divorce, custody, and parenting-time matters across Burnsville, Minneapolis, and the surrounding area.

If you’re facing a relocation decision or dispute, call us at (952) 260-6376 to schedule a free consultation. We can help you understand your rights and what comes next.

What Minnesota’s Relocation Law Requires

Under Minnesota Statutes section 518.175, subdivision 3, a parent with whom the child primarily resides can’t move the child’s residence to another state without either the consent of the other parent or a court order permitting the move. This requirement applies when the other parent has been granted parenting time under the existing decree. Courts won’t permit a move whose purpose is to interfere with the other parent’s parenting time.

In-state moves can also trigger disputes. A move across Minnesota doesn’t require a court order by statute, but if the distance significantly disrupts the parenting schedule, the other parent can seek a custody or parenting-time modification. What matters isn’t the mileage. It’s whether the existing schedule can still function.

How Minnesota Courts Decide Contested Relocation Requests

When parents can’t reach an agreement, a judge decides the dispute by applying the best-interest-of-the-child standard through eight statutory factors. The parent seeking to move generally carries the burden of proof. One notable exception: if that parent has been a victim of domestic abuse by the other parent, the burden shifts to the parent opposing the move.

The eight factors courts examine include:

• The nature and quality of the child’s relationship with each parent
• The age, developmental stage, and needs of the child
• Whether the move would improve the quality of life for both the child and the relocating parent, including financial, emotional, or educational benefits
• The reasons each parent gives for supporting or opposing the move
• Whether the parent seeking to move has a pattern of promoting or interfering with the child’s relationship with the other parent
• Whether a revised parenting-time arrangement can preserve the child’s relationship with the non-relocating parent
• The effect of domestic abuse, if present, on the child’s or parent’s safety
• The child’s preference, given sufficient age and maturity

These factors rarely point in one direction. Building a strong record before a contested hearing requires specific evidence tied to each factor, not just a general case for why the move is reasonable.

How We Handle Relocation Cases

We represent both parents seeking permission to relocate and parents opposing a proposed out-of-state move. Each position calls for a different litigation strategy. A parent asking to move must build an affirmative record showing concrete benefits to the child. A parent opposing a move must challenge that record and demonstrate the harm to the child’s relationship and stability if the relocation proceeds.

John T. Burns Jr. has argued family law matters at both the trial court level and before Minnesota’s appellate courts. Relocation cases are frequently appealed, and having an attorney who understands how a trial court record can be reviewed on appeal matters from the first filing. Our practice covers only family law, which means every case we handle and every strategy we develop stays within the field where we’ve built our track record over 30 years and nearly 3,000 families.

Dakota County District Court & Burnsville-Area Families

Burnsville sits in Dakota County, and parental relocation motions filed by Burnsville-area parents are heard in Dakota County District Court, part of Minnesota’s First Judicial District. We know this court and its procedures well. We also serve families in Bloomington and throughout the greater Minneapolis area.

Start with a Free Consultation

Relocation decisions move fast. If you’ve received notice of a proposed move or you’re preparing to file one, early legal guidance can shape what options remain available to you. We offer a free initial consultation to discuss your situation and explain what the process looks like for your specific circumstances.

Call Burns Law Office at (952) 260-6376 to schedule your free consultation. We’re ready to help you protect your relationship with your child.