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I have sole physical custody of my daughter who 13 and joint legal custody. My ex was laid off & will not find another job.

Minneapolis, MN |

He has worked since graduating from college in 1989 on a director or vice president level, but states since his lay off he cannot work due to having attention deficit disorder. He is behind $16,000.00 in child support and spousal maintenance. I unable to afford to live here in MN if he does not pay his child support and would like to relocate to start over. Recent court ruling stated he must still pay the full amount of his child support and spousal maintenance due to my ex not paying anything once he received his severance package even though he is not working. Four weeks ago I started getting payments from his unemployment. I would like to move back to Indiana where I am from and have family support. Is my financial reason strong enough to request relocation to another state?

Attorney Answers 3


  1. I'd highly consider retaining a family lawyer in your jurisdiction that will be able to assist you. Thank you and I wish you the best of luck!


  2. Hello. In deciding whether to grant the request by one parent for an out of state move of the residence of a child, the court considers what is the best interest of the child. A multitude of factors are considered. I urge you to seek attorney counsel and advice in this matter. It appears you will have multiple post-divorce issues regarding your former spouse to address. Some attorneys, myself included, will confer for free, no charge, initially. Then, if legal work is performed, some attorneys, myself included, will provide a reduced fee for need. All the best to you and your child.

    Tricia Dwyer, Esq., Divorce Law, Post-Divorce Law, Child Custody & Child Support Law, Law, Rule 14 Qualified Neutral, Minnesota Supreme Court Roster Mediator, Tricia Dwyer, Esq. & Associates PLLC, Phone: 612.296-9666 EVERY DAY OF THE YEAR until 8 p.m. daily. See www.dwyerlawfirm.net


  3. The financial reason likely alone would not be enough, but it is certainly one part of the argument. You will need to argue that moving is in the best interests of your daughter. You will have the burden to show this with evidence.

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

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