Legal Question in Family Law in Minnesota
child custoday
My nine year old son would like to stop visiting his father. He only gets my son 4 days a month and that has been for 8 1/2 years now. I am remarried and have been with him for a little over 8 years, my son wants to take our last name and not visit his dad. I am all for this but I am worried about what the court will say. His father is always cancelling visits with him and promises to show up to his sporting events but never shows. I feel he is causing damage to my son but I'm not sure what action I can take and if my son can choose not to go and if I just don't send him could I get into big trouble. I just want to protect my son as he is so scared to say anything to his dad due to the yelling. We just want him to be happy and healthy. Also, does it make a difference that all the court orders are in Iowa and we now live in Minnesota?
1 Answer from Attorneys
Re: child custoday
You do have a problem because the Court's do not like to terminate parental rights. You could try that arguing abandonment but it may be an uphill battle. Does his father pay support? Your current husband could offer to adopt the child which would eliminate the father's obligations. Any parenting or custodial action would have to be in Iowa due to the orders entered there. An adoption could be done in Minnesota. Dennis J. Felix