Legal Question in Family Law in Minnesota

non-custodial parent permission

My x and I share joint legl custody and I have sole physical custody. I am thinking of placing our 15 year old in some type of ''boot camp'' to straighten her out. Many reasons why. He lives in WI and only gets to see our girls about 2 times a year, so he does not understand the problems completely. My question is, do I need my x's permission to do this? Thank you for your time.


Asked on 1/11/07, 10:55 am

1 Answer from Attorneys

John Jesperson Minnesota Lawyers - Jesperson Law Offices

Re: non-custodial parent permission

As a practical matter, you can make the decision, but since your ex has joint legal custody, he has the right to "participate" in making major decisions, including the choice of school, for example. Although a "boot camp" is perhaps not a school in the traditional sense, the decision to send your daughter there is clearly a major decision that would require you to at least notify your ex and invite his participation. He will probably decline to participate in making a decision, if he has been as remote as you describe.

I would give him notice of what you intend to do (when she'll leave, why you are sending her there, where the camp is located), and ask him to call and inquire if he has any questions. The likelihood is that you could then follow through without any further concern. If he strongly objects, he could require you to bring a motion in court, although most judges will refer the parties to some form of mediation in this circumstance.

Apart from any concerns about your ex, I would be sure you have carefully evaluated the need for a "boot camp," and would encourage you to make this decision in consultation with a counselor. There may be less drastic alternatives available.

My contact information is below if you have further questions. Good luck.

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Answered on 1/11/07, 12:21 pm


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