Legal Question in Family Law in Minnesota

My ex husband and I share joint custody of our children 50/50. We switch off on Sunday evenings, it is now Tuesday and he has not taken them but wants them. I lined up bus transportation and took the night off of work assuming he wasn't taking them. Do I have to give them to him since the court ordered agreement is Sunday??


Asked on 1/31/12, 3:14 pm

1 Answer from Attorneys

Heidi Swisher Joslin & Moore Law Offices

It is hard to say what will happen if you keep the children but remember this is about the children. What is best for the children? If you deny your ex-husband parenting time, he has the option of calling the police and maybe the police will show up at your door to make you hand over the children to your ex-husband. This probably will not be good for the children. You may want to consider having a good discussion with your ex-husband about how this is not appropriate. Also, if this happens again, you may want to consider going to mediation to work out terms regarding what will happen in the future if either of you fail to pick up the children on Sunday. Keep in mind that he does have court ordered parenting time and if you deny him his parenting time, he can file a motion requesting that the court find you in contempt (but if your divorce decree states that you have to try mediation first, he must seek a remedy through mediation before contempt.)

Read more
Answered on 2/01/12, 5:10 am


Related Questions & Answers

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