Minnesota Statute 518.175, subd. 3(b) now governs this request.  More specifically, it provides us with the standard the court must use when considering the request of a parent to move the children out of state.  It applies 8 “best interest” factors.

  • the nature, quality, extent of involvement, and duration of the child’s relationship with both parents;
  • the age, developmental stage, and needs of the child and the impact the move may have on the child’s physical, educational, and emotional development;
  • the feasibility of preserving the relationship with the non-moving party;
  • the child’s preference;
  • whether the person seeking to move has a pattern of promoting or thwarting the relationship with the non-moving party;
  • whether the relocation will enhance the general quality of life for both the moving party and the child, including, but not limited to, financial or emotional benefit or educational opportunity;
  • the reasons of each person seeking or opposing the move; and
  • the effect on the safety and welfare of the child.