So long as it does not interfere with your parenting time schedule she can move to a different city. She cannot however take the child and put the child in a new school without your consent. Depending on how far away this new city is, you may have the ability to ask the court for various remedies to make it easier to exercise your custody rights.
You should contact an attorney to discuss your options. You can call me at 612-223-7286 if you want to talk more.
Matthew Thomas MajeskiDivorce / Separation LawyerWoodbury, MN ·
I agree with counsel. So long as your parenting time is preserved, they can move. However, you should give approval for a change of school as this falls under your legal custody rights.
Unless your divorce decree or custody decree provides otherwise, either party may move anywhere within the state, without the consent of the other party or the court. However, neither party may modify a court-ordered parenting time schedule simply by relocating. Likewise, when parties share joint legal custody, neither party may unilaterally chose the child's school without the other party's consent or a court order. So if your ex's relocation raises either of these issues, you would need to return to mediation and/or court to resolve them. As for the choice of school issue, I would refer you to the following article I've written on legal custody, which further explains some of the legalities involved: http://www.minnesotadivorce.com/articles/legal-custody/index.html