My Husband has Joint Legal & Physical Custody of his 3 children. The children live primarily with their mother. One child would like to spend more time with his father but she won't allow it. Can she do that? Does she have the right to simply say "no, he can't come see you"?
Also, at what age can a child decide for themselves which parent they want to live with based on Minnesota Law when the two parents share Legal & Physical custody?
My husband's ex-wife is insisting that our middle son CAN'T come see his father sooner than he is suppose to (August) even though our son is sad, misses his father, etc. We want to know what the child's rights are...at what age can he make his own decisions about who he lives with, etc. Reminder, they do have JOINT legal & physical custody.
Hello, Your husband can file a motion to clarify the order to address whether the child can spend more time with him. Parenting plans can always be modified by the Court based on the best interests of the child. However, grounds for modification must include a change in circumstances that significantly impacts the best interests of the child. A change in the preference of an articulate 10 year old will suffice. Age is not the only factor that is considered by the court. Typically, the court will take into consideration the maturity of the child and the child's reasons for requesting the change.
I hope that the information which I provided was helpful to you.
Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.
Thank you, FLANDNYLAWYER
25 years of experience helping people like you.
So we would have to go to court? She has the right to dictate when the kids can visit?
Hello,Although they have Joint Legal Custody, the child is currently living with her. Therefore you husband should ask the court to clarify whether the child can freely visit with him.FLAandNYLawyer39981.8457883449
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