How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99981
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

I currently share 50/ 50 physical and legal custody of

Customer Question

Hi, I currently share 50/ 50 physical and legal custody of my 8 year old daughter... my husband has the opportunity to start a new job about 30 minutes away and we would want to move closer to it if he accepts. Right now her father and I do not live in the same school district and she goes to school based on where I live because his district ranks low in educational value. My questions are 1) do I have to give him something in advance if we do decide to move and 2) if he's unwilling to drive her to the new school on his weeks would we have to change the custody with me seeking 100% physical and would the different school ratings have any value in court. We are in MN and the visits are split right down the middle alternating weeks.
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Not yet
JA: Is there anything else important you think the Family Lawyer should know?
Customer: I'm not sure of it's importance but my husband is a police officer and that is why we'd be moving.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: Family Law
Expert:  Ely replied 7 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Can you please tell me if either party pays the other child support? If so, who pays whom? This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 7 months ago.
Currently her father has been ordered to pay 212 monthly plus 50% of any uncovered medical, dental, and prescription costs
Expert:  Ely replied 7 months ago.
Thank you. 1) do I have to give him something in advance if we do decide to move MN law does not have a specific notice statute in regards ***** ***** However, it is a good idea to provide notice anyhow to avoid seeming "sneaky" or "guilty" of something. The notice may be 2 weeks to 30 days, if one sends it. He can oppose it, but he'd have to prove that the opposition has merit in Court by showing that proposed relocation is not in child'sbest interests and would endanger child's health or well-being, or that proposed relocation is intended to interfere with visitation rights. Tarlan v. Sorensen, 702 N.W.2d 915 (Minn. Ct. App. 2005). Traditionally, the Court is in favor of relocation in MN. and 2) if he's unwilling to drive her to the new school on his weeks would we have to change the custody with me seeking 100% physical and would the different school ratings have any value in court. We are in MN and the visits are split right down the middle alternating weeks. Not quite. The Court would normally not void visitation unless it absolutely has to. So if by 100% you mean no visitation on his part, this is unlikely unless you can show that he has a drug problem, alcohol dependency, or an unsafe home environment. Abuse and or neglect of the child or previous children are an almost automatic bar for even visitation, although supervised visitation may be granted by the Court. Assuming this is not true, he is almost guaranteed visitation. If it is too far to do what you have now, the Court may adjust it to LESS frequency and MORE in length. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 7 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

Related Family Law Questions