Legal Question in Family Law in Minnesota

I have sole physical custody of my son and a court order parenting time with his father. In the court order the father is to have our son on Wed nights overnight. The father took a job out of state and we agreed to change form Wed to Fridays. However the father would not sign a statement stating such. I want to move 150 miles away in the same state where I can find more gainful employment to make a better living for our son. Do I have to go through the courts to change the parenting time or can I just move? The father hasn't had our son on Wed nights for the past year and I can prove it. didn't he break the court order? So wouldn't I be able to move since I do have sole physical custody. I would not deny him still taking our son every Friday as it has been for the past year.

Asked on 10/28/13, 3:35 pm

2 Answers from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Hello. Based on the full details of your post, I urge you to have private attorney counsel at this time. Many further details need to be known in order to advise you appropriately.

Tricia Dwyer Esq

Ph: 612-296-9666

Tricia Dwyer Esq & Assoc PLLC

MINNESOTA CHILD CUSTODY LAW

FAMILY LAW

DIVORCE LAW

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Answered on 10/28/13, 5:01 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

If the parenting time that is ordered cannot be followed, it must be modified, either by agreement or by filing a Motion and seeking a court order. The existing Court order remains the law of the case. You cannot modify the parenting schedule unilaterally.

Maury D. Beaulier

Attorney at Law

(612) 240-8005

maury@beaulier.com

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Answered on 10/29/13, 2:07 pm


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