Legal Question in Family Law in Minnesota

Re: Custody Schedule

Your decree controls the schedule unless it is modified by a subsequent order. In other words, if you wish to change your parenting schedule, to make it enforceable, you must submit it to the court for incorporation into an order.

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Re: Custody Schedule

Thank you for your question regarding changes to your parenting time schedule.

I understand from your question that the scheduling change you made last year was not put into a stipulation that was later approved by the court. The law considers this an "extra-judicial" agreement.

What does this mean? As a practical matter, if your former husband refused to return your son at a time contemplated by your current (revised) schedule, you might have difficulty forcing him to return your son. Let's assume, for example, that he holds your son over at a time when he would be entitled to visitation under the "old" agreement -- the one that is set out in your court order. He would not be in contempt, and would be within his rights to keep him, regardless of your later agreement to change the schedule.

However, this does not mean he can unilaterally go back to an earlier schedule. If you returned to court and asked the court to include your "amended" schedule into an order, the court would probably do so. This is because both you and your former husband, and more important, your son, have all come to rely upon a new schedule -- and have actually followed it. In other words, your former husband acknowledged that the new schedule was reasonable and appropriate for your son, and the evidence for this is that he consented to the change. Should he now wish to change his mind, out of anger I presume, the court would not likely be pleased.

You need to understand that, when it comes to children, the law emphasizes continuity of care and consistency above all else. Therefore, once you have settled into a new routine, whether or not your former husband privately agrees with it, the court would be likely to continue with that arrangement, and could well scold your former husband for allowing his angry response to you to supersede the interests of your son.

I would encourage you to return to court and request a formal modification of your parenting schedule -- to make it consistent with the informal agreement you reached after your divorce.

If you have further questions, you may certainly feel free to contact me. My contact information is below.

Good luck and, again, thank you for your question.