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Ask Lawmoe Your Own Question
Lawmoe, Family Law Attorney
Category: Family Law
Satisfied Customers: 2415
Experience:  Family Law Lawyer for 19 years
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Resolved Question:

Submitted: 6 years ago.
Category: Family Law
Expert:  Lawmoe replied 6 years ago.

Any custody or parenting schedules are determined based on what a court determines to be in the best interests of the child. There are no statutes that specifically address schedules if a parent resides in another state.


Under Minnesota STatutes 518.17, the court must consider all factors relevant to the best interests of the child including the following enumerated factors:


(1) the wishes of the child's parent or parents as to custody;

(2) the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference;

(3) the child's primary caretaker;

(4) the intimacy of the relationship between each parent and the child;

(5) the interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child's best interests;

(6) the child's adjustment to home, school, and community;

(7) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;

(8) the permanence, as a family unit, of the existing or proposed custodial home;

(9) the mental and physical health of all individuals involved; except that a disability, as defined in section 363A.03, of a proposed custodian or the child shall not be determinative of the custody of the child, unless the proposed custodial arrangement is not in the best interest of the child;

(10) the capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any;

(11) the child's cultural background;

(12) the effect on the child of the actions of an abuser, if related to domestic abuse, as defined in section 518B.01, that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent; and

(13) except in cases in which a finding of domestic abuse as defined in section 518B.01 has been made, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.


The court may not use one factor to the exclusion of all others. The primary caretaker factor may not be used as a presumption in determining the best interests of the child. The court must make detailed findings on each of the factors and explain how the factors led to its conclusions and to the determination of the best interests of the child.


Often when one parent resides out of state, the parenting time is divided into larger blocks of time to minimize travel costs.


Lawmoe and 4 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
are there laws in place that state that the parent travelling to the state the child resides in must incur all travelling costs?
Expert:  Lawmoe replied 6 years ago.

There is no statute that covers that. Courts make such determinations on the particular facts of the case. In most cases, the party that relocated would bear the greater burden of transportation and transportation costs.