Legal Question in Family Law in Minnesota

Divorced and taking our child out of the country

My ex-wife has sole physical custody and I have joint legal custody. Our daughter is thirteen years old. There will be a wedding out of the country next year after my daughter turns fourteen years old.

Can my ex-wife take my daughter out of the country without my consent?

If she needs my consent and I donít agree to it and she still takes her out of the country what would be the consequences?

I donít trust my ex-wife enough to bring her back. She has tried to stop our daughter from seeing me more. Our daughter lives 2 miles away at this time and previously only 8 miles away. I have tried to get more visitation and she has lied about things and said my daughter does not want to see me, etc. It is obvious what she is trying to do.

Please let me know, if you can, what the law is on this subject.

Thank you for your time,

Patrick

Asked on 8/18/08, 9:11 pm

1 Answer from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers
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Re: Divorced and taking our child out of the country

It is not always necessary for a parent to have consent of the other parent to leave the country. It is something that should be discussed and agreed upon before it occurs.

However, you should choose your battles wisely. Most courts would not see travel overseas ans something that endangers a child so long as they are accompanied by a parent. Without some significant and realistic concern, a court would not bloack such traval and may require you to sign necessary consents.

If you parenting time is being interfered with, your remedy is to file a Motion for Contempt and seek compensatory time. Trying to make things difficult for your daughter to travel abroad is not the solution.

For a consultation call 612.240.8005 or visit divorceprofessionals.com

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Answered on 8/19/08, 9:08 am

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