Legal Question in Family Law in Minnesota
Child Custody Issue
First of all, I am the non-custodial parent of a 8 year old boy. Me and my child's mother(who has full custody as I was never notified of the court hearing when she was given full custody) have a court order that states that I can only visit with my son in the State of Minnesota as once upon a time I had joint custody and my son lived with me in the State of North Carolina. My ex continues to relocate year after year in different states and is now residing in South Dakota. I would like to visit my son, well actually I would like for him to come and stay with me for the summer in Missouri. She refuses unless I pick him up from South Dakota. I'm scared to because the court order says nothing about me picking him up from a different state and I don't want to possibly face charges of parental kidnapping. I want joint custody with visitation rights.
2 Answers from Attorneys
Re: Child Custody Issue
It would not be hard to hire a lawyer to draft a stipulation to amend your judgment and decree. The existing court order needs to be changed, but that can be done by mutual agreement.
You can consult the lawyer you hire as to the timing of picking up your son. I would think you would be fairly safe as long as the agreement was signed by your X before you pick up the boy, even if a judge has not signed off on it yet.
Good luck.
If I were you I would do whatever it took to see that boy and let nothing - at least nothing within reason - stand in my way.
This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.
Re: Child Custody Issue
You must bring a Motion to establish your parenting time. Without a Court Order, you may be accused of many things and ultimately harm your chances of receiving parenting time
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