Wednesday, April 1, 2015

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...

Question

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.



Answer

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

Ph: 612-296-9666

Tricia Dwyer Esq & Assoc PLLC

MINNESOTA CHILD CUSTODY LAW

FAMILY LAW

DIVORCE LAW



Answer

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

(612) 240-8005

[email protected]/* */



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