Legal Question in Family Law in Minnesota

Re: Review Custody

Thank you for your question regarding parenting time and custody.

I understand from your question that you and your former husband apparently share joint legal and/or physical custody, and that the parenting schedule was modified so that you now have more or less "primary" custody. It is unclear to me what sort of review is possible in August, since the court will not ordinarily leave the issue open in this manner.

Nevertheless, I believe it is unlikely your current (amended) schedule would be changed, if you have successfully followed it for six months or more.

What you need to realize is that the law generally encourages, and favors, continuity in the care of children. When the parties have successfully followed a parenting schedule for a long period of time, the court is not likely to disturb the schedule, even if it is inconsistent with a prior court order, and even if the parties have agreed to some sort of open-ended "review." After a period of time, the child becomes accustomed to the schedule, and if the child is thriving, and maintaining a relationship with each parent, very often the court will not disturb the arrangement without a good reason.

In your case, it appears the father has more or less neglected his relationship with your son. Under these facts, even if he has the right to reconsider and review the matter, it is unlikely the court will allow him to simply turn back the clock and reinstate a former schedule. Having allowed your son to become settled into a new parenting arrangement, it would be irresponsible to turn the parenting plan on its head, merely because the father has had a change of heart.

Please feel free to contact me if you have further questions or concerns. My contact information is below.

Good luck, and thank you for your question.

Re: Review Custody

From your description, it sounds as though the parenting time schedule was modified on a temporary basis, and the Court was giving your ex-husband and opportunity to file a motion by August 15th to ask the Court to reinstate the previous schedule or modify the existing schedule. Generally, it would be your ex-husband's obligation to file the motion for review, and you would have an opportunity to respond to his motion papers prior to the hearing.

If your ex-husband has not been seeing your son on a regular basis, and has not kept in contact with him, this may be a basis for responding to your ex-husband's motion for review with your own motion to modify physical custody.

Please contact my office if you would like to discuss these issues, especially if you are served with motion papers by your ex-husband.

Good luck.

Kristin Huston