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
Related Questions & Answers
My boyfriend was taken to jail on a domestic charge. If I recant my statement and... Asked 10/23/13, 3:21 pm in United States Minnesota Family Law, Divorce, Child Custody and Adoption
I have joint legal custody of my son, His mother is bouncing from couch to couch... Asked 10/22/13, 6:51 pm in United States Minnesota Family Law, Divorce, Child Custody and Adoption
How can i defend against an order for protection. it is totally false and i think... Asked 10/21/13, 4:57 pm in United States Minnesota Family Law, Divorce, Child Custody and Adoption
Hi my name is anna. I am 17 and im currently a senior in high school. I have a... Asked 10/18/13, 9:05 pm in United States Minnesota Family Law, Divorce, Child Custody and Adoption
My husband was given a 24 hour period of custody for our children after the divorce.... Asked 10/16/13, 7:47 am in United States Minnesota Family Law, Divorce, Child Custody and Adoption