Legal Question in Family Law in Minnesota

child custody confusion

I have a question. My boyfriend has joint legal and physical custody of his son. The schedule is a bit odd, but it goes as follows, she has the child monday, he has the child tuesday, wed, thur, she has him fri, sat, sun, then he has him mon, and so on. However, they are in a dispute as to what time their ''day'' starts''. For instance, my boyfriend has the child for thanksgiving as it is his holiday. And also his weekend (fri sat sun). However, normally had it not been for the holiday, she would have the child thursday and drop him off at daycare friday morning where my boyfriend would pick him up. Being as how they both have off Friday, they are disputing as to who gets him for the day, as normally he would be at daycare. My boyfriend says it is his weekend which start on Friday, she says its her day being as he would normally be picking him up from day care. Who right and wrong?


Asked on 11/24/08, 4:36 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: child custody confusion

Neither party is right or wrong. The order does not seem to address the issue.

It would seem, that given the holiday, it might be wise to allow the other parent to have Friday or part of Friday in order to celebrate the holiday in her own home. In my opinion, that is likely how a court would consider the issue oif presented with it. The alternative is to mediate the dispute.

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Answered on 11/24/08, 11:00 pm


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