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.
2 Answers from Attorneys
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
Tricia Dwyer Esq & Assoc PLLC
MINNESOTA CHILD CUSTODY LAW
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