Legal Question in Family Law in Minnesota

Re: Joint custody, I need to move out of state, now what?

The simple answers to each of your questions are as follows: (1) No, you do not have to give up your "legal" rights -- if by that you mean joint legal or physical custody; (2) If you cannot agree on a new schedule (giving you most of the summers and expanded holidays, for example), then you will need to bring a motion to request a modification of the schedule, and perhaps a provision for the sharing of transportation expenses.

These are the simple responses. The longer, and frankly more meaningful, answers depend upon knowing much more detail about your circumstances. Among other things, a lawyer will want to know how long have you have had joint legal and joint physical custody; what your current schedule is like, and how long have you followed it; where you are moving; what is your relationship like with your son and ex-spouse; what you believe your son would want(although I would refrain from questioning him about this); whether your move is more or less permanent and when you will leave; where your divorce case is venued (that is, in what county was it granted) and whether either of you moved since; whether you have had any involvement with the court (motions regarding child support, visitation, etc.) since your divorce.

These are a few of the questions I would want answered. You are well advised to explore this matter with an attorney sooner rather than later, since it will take some time before you could get into court, if that becomes necessary. In the metro counties (Hennepin, Ramsey), it could take a month or more before you could get a hearing, in out state areas (Goodhue, Itasca, Wabasha, for example) it may be possible to get into court within three weeks.

Good luck. If you wish to inquire further, contact information is in my profile below.

Re: Joint custody, I need to move out of state, now what?

You do not have to give up your rights and there may even be a way to craft a new parenting schedule that will allow for you to maintain joint custody. Please contact me if you would like more information.