Legal Question in Family Law in Minnesota
Obligations of Non-Custodial Parent
I have joint-legal custody and my wife has sole physical custody of our children. My son was arrested for underage consumption and disturbing the peace. He was ordered to attend some treatment classes in another town, but it is in the middle of the day M-Th during the week for a period of 20 weeks. My ex-wife would like to split the weeks with me, but I believe that I may put my job in jeopardy by taking half a day off for 10 weeks and I do not have custody during that time. Am I legally obligated to split the time since there is joint-legal custody?
1 Answer from Attorneys
Re: Obligations of Non-Custodial Parent
Unless the court order provides otherwise, you have no obligation to transport your child to alcohol treatment programs. Legal custody simply means the right to make decisions about important matters. In the absence of a provision in the court order saying otherwise, it is the parent with physical custody who needs to tend to the day-to-day care of the child. If that care involves transportation to a treatment center then that, too, is the responsibility of the parent with sole physical custody. Your child support payments are the quid pro quo for the custodial parent's undertaking of those kinds of responsibilities.