Legal Question in Family Law in Minnesota
i have a temporary court order granting me, the father, full physical custody. My sons mother was granted overnights Tuesday night and every other WKND. I believe she just recently attempted suicide is being removed from her current address and the grandmother, mothers mom, is stating that she will pick up my son and have him stay with her at her boyfriends house this wknd, whcih should be th emotehr overnight wknd. I am under the impression that my sons mother will be staying there as well. I do not want to go against the court order but am completely against my son staying at the boyfriends of his mom's mom. Can I tell them no?
2 Answers from Attorneys
Regarding location, the parent with court-ordered visitation can take the child wherever he or she likes so long as the child is not endangered.
Aside from the location issue, it seems like mom's mental health and ability to care for the child may be of concern. In addition, if going with mom's mom's boyfriend creates logistical problems I suggest working this out directly or through ADR with mom before seeking court action.
I or any family law attorney in Minnesota can help you with these issues. Good luck.
You cannot disobey a court order. If you wish to have it modified, you must file a Motion to do so. If it is an emergency, you may wish to seek ex parete relief. WIthout more, it is difficult to assess whether there is an endangerment element hat can be proven.
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