I live in Ramsey County, MN. My boyfriend and his ex wife have joint custody of their kids in which he gets them weekends, she has them weekdays. Ever since the divorce about 2 months ago, we have ended up with the kids on several weekdays, including having them last week Wednesday through Sunday, which has happened a few times already. Anyways, when we came and got the kids on Wednesday, she had told us we could have a weekend off and she would give him his weekly child support back ($115) She calls last night saying he still has to get the kids this weekend, she meant a weekend in the FAR future and she was only giving us $50. Neither of us care about getting the money back, we just care about getting our weekend off that was promised. The ex wife says she's going to call the courts today. If the arrangement was all verbal, is she going to get her way again, or will she have to take them since we've had them at least 3 extra weekdays in the last 2 weeks, which is against the arrangement?
2 Answers from Attorneys
Hello. Your BF should contact an attorney right away to seek detailed counsel as to the issues. He is welcome to contact me as to forming arrangements for attorney assistance for his needs.
Tricia Dwyer Esq
Tricia Dwyer Esq & Assoc PLLC
POST DIVORCE LAW
CHILD CUSTODY & PARENTING TIME LAW
PARENTING TIME EXPEDITOR
CHILD SUPPORT LAW
FAMILY LAW MEDIATOR
Your court order for custody and parenting time controls what parenting schedule is followed. Extra-judicial agreements (those made out of court that are not memorialized as a court order) are not binding or enforceable.
He can certainly seek to change the schedule by Stipulation and Order that is submitted to the court. If the parties cannot agree, they may wish to try mediation.
For a consultation call 612-240-8005
Maury D. Beaulier
Attorney at Law