Legal Question in Family Law in Minnesota
my daughters mother is court ordered to pay child support, not move around, and is not to leave my daughter with any babysitters. my daughters mother has never once paid child support nor informed me of any upcoming moves, and has moved 4 times that i am aware since last time in court, and now i have no clue where she is staying since finding out she got evicted. my daughter has told me her mother has been leaving her with random people, including men whom have a very big past criminal records, and disappearing for hours even over night. my daughter has told me she feels scared and unsafe in her care, and i feel the same. my daughter's mother's sister, whom was also a roommate of hers for a short time, has told me it was like living in a frat house with drinking and drugs. now my daughters mother has been lying to me about where she resides. i filed a motion to change custody, could i keep my daughter from visiting her until we get appointed a court date?
2 Answers from Attorneys
Your court order would have to be reviewed. The stated contents of the order are unusual. It would be highly unusual, and likely unconstitutional, for a court to enter an order preventing a parent from moving somewhere else. The court cannot control when or where a parent moves, just whether the child moves with them or how notice is provided for that relocation to the other parent. Certainly, orders may be enforced through the contempt powers of the curt, Moreover, a chance in custody may be appropriate where the child is endangered by the current custodial situation and whether benefit of any change in custody outweighs the harm caused by the change. Supporting and presenting your case to the court is a critical part of any case. You should certainly be retaining counsel.
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Yes, at times, emergency legal orders are issued. You may always phone 911 and you may phone child protection 24-7. You may request welfare and safety checks. Your existing court order would need to be reviewed by your attorney. Generally, an order as a 'a move' would pertain to a move of the residence of a child, or else, perhaps, an order regarding where parenting time is to take place. For a consultation: Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Men's Rights - Fathers' Rights Attorney, Family Law Attorney, Minnesota Family Law Mediator, Minnesota Parenting Time Expeditor, http://dwyerlawfirm.net
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