Legal Question in Family Law in Minnesota

1) if you have joint custody of one child. the mom is suppose to have the child 4 days a week and the dad 3 days a week as stated in a divorce agreement but the dad never calls to see his son do you have to call him and ask if he wants to see his son?


Asked on 4/14/10, 6:33 pm

1 Answer from Attorneys

John Jesperson Minnesota Lawyers - Jesperson Law Offices

I just reviewed your question. Depending on the language of your divorce decree (or other custody order), there is no requirement that you contact the other parent and ask if he (or she) intends to exercise regularly scheduled parenting time. If the schedule in the custody order is well defined, and the order does not otherwise require the parties to communicate, then nothing requires you to contact the other parent. Further, the other parent does not need to contact you and state that he will be exercising his parenting time. He can simply show up. More information is required to give you specific advice, and there are many other circumstances that may affect the advice an attorney will give you (how old is the child?, what is each party's history of compliance with the parenting time in the order?, is there specific language in the custody order requiring communication?, and more.)

It is unfortunate that the father in your case does not maintain a relationship with his (or her) child, and although you may want to call him and encourage him to exercise his parenting time, he is ultimately responsible for his own relationship with his son.

Good luck.

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Answered on 4/20/10, 12:23 pm


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