Legal Question in Family Law in Minnesota

Custody

My husband was divorced in 2005 and in the divorce decree the minor child stayed at the residence and he maintained the home while the ex-wife moved out. They had 50/50 shared custody with no one paying support. The minor child will be 4 soon and for the past 3 years has lived with my husband almost exclusively. The mother sees her approx. 2 times a month and only about 12 times has she spent the night with her mother in 3 years. A few months ago we drafted an agreement that states the minor child will live with her father and the mother can see her every other weekend and with 48 hour notice. We are also requiring her to pay child support and half of all activities. They have both signed the document and we have been recieving the support. My question is we would like to make it permanent and have legal physical custody with requlated payments and have it go through the court so she can't take her later in life. We have everything documented and I just want to know if we should pursue full custody or leave it alone until it is a problem? Will Justin have a good chance of full custody based on the past 3 years of conduct by his ex-wife?


Asked on 5/18/07, 12:13 pm

1 Answer from Attorneys
Michael Paul Cundy & Paul, L.L.C.

Re: Custody

The original agreement she signed should have been approved by the court. I think it would be appropriate for your client to ask for custody at this time. Hopefully that can be done by agreement without the need to proceed to court. Either way, if you need assistance, let me know. We offer a free initial consultation.

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Answered on 5/18/07, 3:13 pm


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