Legal Question in Family Law in Minnesota

Re: divorce

You file a Motion for contempt and, aas part of that Motion, you may seek compensatory time for any time missed and an award of your attorney's fees.

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Re: divorce

Thank you for your question.

I presume you are divorced and have a decree that awards you parenting time according to some sort of schedule. If so, you need to bring a contempt motion, and possibly, ask for compensatory time -- to make up for the time you were denied.

If your decree does not have a definite parenting time or visitation schedule, you will need to bring a motion to establish a schedule. Having a clearly defined schedule is important. It gives each of the parties specific time and, if someone does not follow the schedule, it is much simpler for the court to enforce the order. All the court needs to determine is that certain time was permitted, and that it was denied. If the schedule is ambiguous, or worse, if your decree or order does not contain a schedule, the court cannot easily find your exhusband in contempt, since it is not clear what -- exactly -- he was required to do.

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