Legal Question in Family Law in Minnesota

My divorce decree states that I can't move outside a 20 mile radius from my ex's home due to the shared custody of our son. I am going to be moving soon to a nicer place with better rent that is 23 miles from my ex's home. However, my son is staying in the same school he is now, which is 5 minutes from where his father works and school is where he is picked up and dropped off 98% of the time. The times of home exchanges is very rare. Can he take me to court over 3 miles?


Asked on 9/16/10, 11:21 am

1 Answer from Attorneys

Heidi Swisher Joslin & Moore Law Offices

Your ex can take you to court for 3 miles but whether it would be worth the money to take you to court for 3 miles is a question he would have to ask himself. To avoid this possibility, you could contact him to sign an agreement that he approves or agrees with your move. An attorney can draft an agreement for you and it can be filed with the court. If you have a mediation clause in your divorce decree, you can consider mediation. It may be worthwhile to consult with an attorney about your situation. A lot of good attorneys offer free half hour consultations.

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Answered on 9/21/10, 12:41 pm


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