Legal Question in Family Law in Minnesota
My ex-husband and I did our own divorce. I was under the impression that we had joint custody. 2 years later I found out that he was listed as having joint physical custody, and that there was a huge difference between the two. I left it be because I didn't have money for an attorney, and i didn't want to drag my son through the court system, or make him choose between us. My ex packed up in the middle of the night and moved away taking our son with him. I know that he is in contempt of court, but the court won't make him move back. My ex enjoys making it hard for me to see my son, and he loves to push my buttons because he knows that he has all the control. However a few years ago I found out that my son doesn't even live with my ex he's been living with his grand mother. After 10 years what are my chances of getting full or physical custody over my son? My ex lies to me all the time!
2 Answers from Attorneys
The sorts of issues you describe are faced with regularity by the experienced and seasoned family law attorney. I urge you to confer with an attorney at this time and she/he will assist and advise you in great detail. You should view your present issues as very time urgent: I urge you to secure an attorney to assist you with no delay. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Divorce Attorney, Minnesota Post-Divorce Legal Issues Attorney, Minnesota Mothers' Rights Attorney, http://dwyerlawfirm.net
Your question is a bit confusing.
There are two types of custody, legal and physical. Legal custody is decision making related to the children. In most cases, it is joint and major decisions are made jointly by the parents. Physical custody is where the children live primarily. If it is joint, that means each parent has the children no less than 45% of the time.
Regardless of whether custody is sole or joint, a parent cannot relocate out of state with a child without an agreement of the parties or a court order if there is a parenting schedule court ordered. If that has occurred, you must file a motion swiftly seeking to remediate the situation.
Additionally, if the child is not residing with hte custodial parent, it may be a basis to seek a change in custody. However, these issues are complex and you must consult with counsel.
For a consultation call 612-240-8005.
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