Legal Question in Family Law in Minnesota

Can the Father of the child send someone else to pick up the child? The child is haveing a hard time with this parenting time and i would rather the father pick up. Do i have the right to tell him that he has to pick up?


Asked on 12/31/09, 9:39 am

1 Answer from Attorneys

John Jesperson Minnesota Lawyers - Jesperson Law Offices

Nothing in the law requires a parent to do the pick up, unless the issue is specifically addressed in your divorce decree or custody order, which is rarely the case. You can certainly tell the father that you will insist he do the exchange, but refusing to permit the exchange if he is not present could create other issues (a claim of denial of parenting time, for example, and a request for "compensatory" time). What you should do depends on the nature of your relationship with the father, age of the child, the history of your case in court, and other factors. Depending on the facts, it may be appropriate to bring a motion to modify the parenting schedule or conditions, although many decrees or custody orders contain a mediation clause that will require you to seek the help of a mediator before bringing a motion.

I would suggest you attempt to discuss the issue with the father and, if the child continues to have real difficulty with parenting time, you should consider going to mediation or the court, as appropriate.

Read more
Answered on 1/05/10, 11:52 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Minnesota