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Is non-custodial parent entitled to the same amount of days if they move out of state? Ex. Every other weekend to full summer?

Minneapolis, MN |

We live in MN and my ex. (non-custodial parent) is moving to Portland. He currently has every other weekend and one day a week custody. Once he moves he wants our daughter for her summer breaks and every other Thanksgiving/Winter break. Is he entitled to this or can I stop him from flying her across the country. She is only 3 years old.

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Attorney answers 3


It really depends on what his current rights are. Was custody ever determined by the court (either during a divorce or a custody proceeding)? It sounds like you already have a parenting schedule set. If it was ordered by the court, and he wants to modify the schedule, unless you are willing to agree to the modifications he will need to bring a motion before the court. If the court has not established his custody rights or a parenting schedule, he will need to establish those things first with the court. I suggest you speak with a lawyer immediately to fully evaluate your situation. I offer free 1 hour consultations. Feel free to contact me 763-404-8240.

Nothing in this response constitutes legal advice. Doyle Hance, LLC does not represent you nor has Doyle Hance, LLC entered into an attorney-client relationship with you.


Modifications of parenting time are based on a Best Interests of the Child standard. Unfortunately, in our increasingly mobile society, it is sometimes required for parents to relocate for employment or other reasons. In such cases, parenting time must be adjusted. As a result, some modification of the schedule will be required. What is reasonable under the circumstances would depend on many things including the child, age, health, and relationship with the parents.

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CALL 612-240-8005 for a Consultation. Disclaimer: Nothing in this email message creates an attorney client relationship absent a retainer agreement with this office. Any response to email inquiries should be considered general in nature and should not be relied upon as legal advice. You should always consult a lawyer in your state regarding your specific legal matter. Visit online at


Your ex is not entitled to decide to change the parenting time schedule by himself. He needs to either negotiate with this you or get a court order modifying the parenting time. He would need to make a motion to the court to do the latter. If it gets to that point a Minnesota family law attorney can help you navigate the court system.

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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