Legal Question in Family Law in Minnesota

Violating Custody Agreement

The mother of my child and I finally went to court and agreed to a custody agreement about 3 months ago, she will not follow it at all. What are my right? She refuses to drive halfway to meet me for visitation as agreed in the order, cann I still pick up my child and will I be at fault if she doesnt pick them up from me?


Asked on 11/27/07, 3:28 pm

1 Answer from Attorneys

Dennis Felix Felix Law Office, P. A.

Re: Violating Custody Agreement

If her behavior is persistent and intentional, you could bring a contempt proceeding. In the motion you could ask for compensatory time and certain changes to the transportation and possibly other provisions of the order. Does the decree require mediation? If so, the Court will make you try to do it unless it is clear that she will not participate. If you drive to pick up the child and she refuses to meet half way, she is violating the order. Under that circumstance, your suggested solution will likely work once. After that you won't get the children from her so you might as well try to hold her in contempt and modify the order to require the transportation that you want. Dennis

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Answered on 11/28/07, 6:59 pm


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