Legal Question in Family Law in Minnesota
parenting time re-evaluation due to relocation of minor child
My ex-wife has relocated 2000 miles away with our 9 year son. Previous to this I had court ordered parenting time that included every other weekend with time in the summer up to her discretion which she then deducted from my regular visitation. I am currently taking her to court to remodify this court order to have 8-10 weeks during the summer, one week of spring break and one week at christmas vacation. She is willing to give me 2 two week periods in the summer and feels that she is being generous in doing so. But because of past drug use duting our marriage 9 years ago, she feels that for the safety of our son that I need to submit to random drug testing that I will pay for. I have been sober for 3 years. I submitted to a drug test 2 years ago at her discretion beofr she would allow me unsupervised visits and for 2 years I have had parenting time with my son without any demands from her. I feed like I am being boxed in and she will never let me live down me past and have quality time with me son and her moving 2000 miles away I feel was to just put distance between my son and I and cause the father-son relationship to disintegrate. we have a court hearing in about a week. How do I go about getting more summer time?
1 Answer from Attorneys
Re: parenting time re-evaluation due to relocation of minor child
I just came across your question in my box.
It is not clear to me where your divorce case was filed, whether in Minnesota or Wisconsin. If it is in Minnesota, I can help. I am not a Wisconsin attorney, however, and would defer to someone in Wisconsin if the issue is in their jurisdiction.
What information I can provide pertains to Minnesota.
First, before moving out of state, your former wife was required to obtain either your consent or an order of the court permitting her to do so. This does not mean she has "kidnapped" your son, but it is a somewhat troubling, mostly because it suggests a certain disregard for the meaning and value of your relationship with your son.
Second, you will be required to bring a motion to modify your parenting time schedule, and should do so soon. After she has been in her new state for six months, that state will have jurisdiction over any custody or parenting time disputes. Therefore, I would encourage you to seek help quickly. Even if she left more than six months ago, I would still encourage you to seek relief in your state (which is where I presume the divorce was granted).
There is not enough space in this forum to fully respond to your question, since many more facts would have to be evaluated. Nevertheless, I would tend agree with you that you should have extended parenting time during the summer and on holidays, to make up for the time you will loose during the year. That would not be uncommon. In many cases, the court may also order the party who moved to pay some or all of the transportation costs.
Again, all of this would have to be carefully reviewed with a lawyer, and a motion would be required. If your case is in Minnesota, I can certainly provide additional assistance if needed. My contact information is below.
Good luck.
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