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My sons dad and I are parting ways we are not married we…

Customer Question
My sons dad and...

My sons dad and I are parting ways we are not married we have shared custodyand I want to bring my son with me it is getting ugly over where he should be his dad has my son convinced to stay with him more

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No I havent even moved yet

Lawyer's Assistant: Family law varies by state. What state are you in?

MN

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I would like to do this peacefully that is why I am moving to much fighting is not good for our son

Submitted: 24 days ago.Category: Family Law
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Answered in 5 minutes by:
3/27/2018
Family Lawyer: LegalGems, Lawyer replied 24 days ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,569
Experience: Experienced Family Law Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 24 days ago

I am sorry to hear this; you state there is shared custody-is that per a court order?

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Family Lawyer: LegalGems, Lawyer replied 24 days ago

Thank you;

once a court assumes jurisdiction under the federal UCCJEA act, that court retains jurisdiction and if a parent wishes to modify the order they would need to petition the court.

The court may give up jurisdiction on occasion-for example when all parties relocate out of state.

If a substantial change is proposed that is given heightened scrutiny and is referenced as "restrictions" and requires a showing that the child is endangered in the other parent’s care or that the other parent has “chronically and unreasonably failed to comply with court-ordered parenting time.”

Please see:

http://www.mncourts.gov/Help-Topics/Child-Custody.aspx

and

http://mnbenchbar.com/2014/10/custody-and-parenting-time-minnesota-amendments-codify-compromises/

The court may also modify the order if the child's best interests require it.

The relevant statute is below:

Subd. 3.Move to another state.

(a) The parent with whom the child resides shall not move the residence of the child to another state except upon order of the court or with the consent of the other parent, if the other parent has been given parenting time by the decree. If the purpose of the move is to interfere with parenting time given to the other parent by the decree, the court shall not permit the child's residence to be moved to another state.

(b) The court shall apply a best interests standard when considering the request of the parent with whom the child resides to move the child's residence to another state. The factors the court must consider in determining the child's best interests include, but are not limited to:

(1) the nature, quality, extent of involvement, and duration of the child's relationship with the person proposing to relocate and with the nonrelocating person, siblings, and other significant persons in the child's life;

(2) the age, developmental stage, needs of the child, and the likely impact the relocation will have on the child's physical, educational, and emotional development, taking into consideration special needs of the child;

(3) the feasibility of preserving the relationship between the nonrelocating person and the child through suitable parenting time arrangements, considering the logistics and financial circumstances of the parties;

(4) the child's preference, taking into consideration the age and maturity of the child;

(5) whether there is an established pattern of conduct of the person seeking the relocation either to promote or thwart the relationship of the child and the nonrelocating person;

(6) whether the relocation of the child will enhance the general quality of the life for both the custodial parent seeking the relocation and the child including, but not limited to, financial or emotional benefit or educational opportunity;

(7) the reasons of each person for seeking or opposing the relocation; and

(8) the effect on the safety and welfare of the child, or of the parent requesting to move the child's residence, of domestic abuse, as defined in section 518B.01.

(c) The burden of proof is upon the parent requesting to move the residence of the child to another state, except that if the court finds that the person requesting permission to move has been a victim of domestic abuse by the other parent, the burden of proof is upon the parent opposing the move. The court must consider all of the factors in this subdivision in determining the best interests of the child.

Subd. 4.

[Repealed, 1996 c 391 art 1 s 6]

§

Subd. 5.Modification of parenting plan or order for parenting time.

(a) If a parenting plan or an order granting parenting time cannot be used to determine the number of overnights or overnight equivalents the child has with each parent, the court shall modify the parenting plan or order granting parenting time so that the number of overnights or overnight equivalents the child has with each parent can be determined. For purposes of this section, "overnight equivalents" has the meaning given in section 518A.36, subdivision 1.

(b) If modification would serve the best interests of the child, the court shall modify the decision-making provisions of a parenting plan or an order granting or denying parenting time, if the modification would not change the child's primary residence. Consideration of a child's best interest includes a child's changing developmental needs.

(c) Except as provided in section 631.52, the court may not restrict parenting time unless it finds that:

(1) parenting time is likely to endanger the child's physical or emotional health or impair the child's emotional development; or

(2) the parent has chronically and unreasonably failed to comply with court-ordered parenting time.

A modification of parenting time which increases a parent's percentage of parenting time to an amount that is between 45.1 to 54.9 percent parenting time is not a restriction of the other parent's parenting time.

(d) If a parent makes specific allegations that parenting time by the other parent places the parent or child in danger of harm, the court shall hold a hearing at the earliest possible time to determine the need to modify the order granting parenting time. Consistent with subdivision 1a, the court may require a third party, including the local social services agency, to supervise the parenting time or may restrict a parent's parenting time if necessary to protect the other parent or child from harm. If there is an existing order for protection governing the parties, the court shall consider the use of an independent, neutral exchange location for parenting time.

[See Note.]

Please see:

https://www.revisor.mn.gov/statutes/?id=518.175

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Customer reply replied 24 days ago
I am staying in the same state only 2 miles away from my childs dad
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