Legal Question in Family Law in Minnesota

parenting time

Mother has no legal or physical custody of children. Court ordered parenting time. She has not followed 30 day written notice of summer vacation. Can Father say no if she hasnt done that? Plus she is suppose to have contact with other parent and refused to talk tom him while child was there. Mind you child went to Florida and home is in Minnesota. Called and said she was keeping child longer than court ordered and wouldnt allow contact with her (no child). She is suppose to have daily contact with children. She hasnt talked to one child for a month and he is to leave here with out the written notice. She has violated all but one of the orders what should we do. And now put in the oldest childs head he can live where he wants at 16 hes 15. She didnt talk to them for over 6 months last year!


Asked on 7/29/07, 8:34 pm

1 Answer from Attorneys
Dennis Felix Felix Law Office, P. A.

Re: parenting time

The answer to the notice question is yes you can refuse. Normally, however, if there are no other issues, the court expects the parties to cooperate in some manner. In this case, the fact that she previously failed to return the child when required and refused to speak with you makes it clear that she does not intend to follow the order. Therefore, you are justified in refusing to give her the children but you should probably simultaneously make a motion to find her in contempt and either terminate her parenting time or change it in a manner which may be acceptable to you. Possibly parenting time in Minnesota only. Maybe even supervised if necessary. How much of that you prevail on depends upon all facts including the past and the judge that you get. Dennis.

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Answered on 7/30/07, 9:33 am


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