Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

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: 2 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 minutes by:
3/27/2018
Family Lawyer: LegalGems, Lawyer replied 2 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,291
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Family Law Question
Family Lawyer: LegalGems, Lawyer replied 2 months ago

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

Ask Your Own Family Law Question
Family Lawyer: LegalGems, Lawyer replied 2 months 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

Ask Your Own Family Law Question
Customer reply replied 2 months ago
I am staying in the same state only 2 miles away from my childs dad
Was this answer helpful?
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,291
13,291 Satisfied Customers
Experience: Experienced Family Law Attorney

LegalGems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I want to file a modification of a parenting plan. There is
Yes I am needing to file a contempt of court a change of venue any modification of a parenting plan… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,827 satisfied customers
My ex-husband is moving on base and our parenting plan
My ex-husband is moving on base and our parenting plan states I pick my son up after visits with him but unable to get on base. Should he have proposed a new parenting plan with this move?… read more
Ray
Ray
Lawyer
Doctoral Degree
32,944 satisfied customers
My parenting plan and divorce decree states I need to notify
My parenting plan and divorce decree states I need to notify the other parent of relocation. Do I need to have approval from a judge to move from Missouri to Oklahoma? The non custodial parent just ga… read more
Ray
Ray
Lawyer
Doctoral Degree
32,944 satisfied customers
How difficult is it for a victim of domestic abuse to file a
How difficult is it for a victim of domestic abuse to file a tort suit against the abusive ex-spouse for vexatious litigation? This has been going on for years and has traumatized both my children and… read more
Attorney DROD
Attorney DROD
Sole Practioner
Doctoral Degree
45 satisfied customers
I am getting a divorce. For the parenting plan, I selected
I am getting a divorce. For the parenting plan, I selected Children custom visitation since my husband spends most of the time in China. I put the following statement. "Father can have the parenting t… read more
Sue
Sue
Juris Doctorate
520 satisfied customers
My ex wife is going against our parenting plan by refusing
My ex wife is going against our parenting plan by refusing me contact with my daughter. her reasoning is she thinks I am doing drugs. I have volunteered to take a urinary analysis like the parenting p… read more
Sue
Sue
Juris Doctorate
520 satisfied customers
I am located in Illinois. I am a victim of domestic abuse
second opinion] I am located in Illinois. I am a victim of domestic abuse and my fiancé is in prison for it. He is wanting to better himself and move on with our lives. Is there a way I can remove my … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,827 satisfied customers
I am located in Illinois. I am a victim of domestic abuse
I am located in Illinois. I am a victim of domestic abuse and my fiancé is in prison for it. He is wanting to better himself and move on with our lives. Is there a way I can remove my name off the vic… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a parenting plan in place until my childs second
I have a parenting plan in place until my childs second birthday, from there we have have to decide if it is still in the best interest of the child. there are a couple of provision on the that the fa… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
I have a temporary parenting plan with my son's father who
Hello I have a temporary parenting plan with my son's father who just got out of prison after being incarcerated for 7 years. He gets once a weekend with our son, alternating Saturdays and Sundays fro… read more
N.Brown ESQ
N.Brown ESQ
Juris Doctorate
134 satisfied customers
Family lawyer? Florida. Are you in family law. Family law?
Family lawyer? JA: What state is this in? It matters because laws vary by location. Customer: Florida JA: What steps have been taken so far? Customer: Are you in family law JA: Anything else you want … read more
Sean K
Sean K
Attorney/Member
JD
751 satisfied customers
My son was taken into custody last night on domestic abuse
My son was taken into custody last night on domestic abuse charges. The child is now with his mother. … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
With a court ordered parenting plan, as the father if I
With a court ordered parenting plan, as the father if I decide not to see my child anymore. Can I go to Jail? Or am I forced into visitation by the court ordered parenting plan? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a parenting plan in the state of ... It is my
ok...... i have a parenting plan in the state of washington... It is my birthday today & according to our parent plan my son was to be with me today. My gun owning , angry (court ordered in anger management) called my father & myself today demaning i bring our son to him...... he called thurston county & pierce county & told them i kidnapped my son the officers cleared me & suggested i get a protection order .... my question is.... i'm scared to take my son to his father tomorrow.... since i plan on getting the order monday morning ... do i have to take my son to see his dad tomorrow? I'm scared he wll take off with him … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,827 satisfied customers
My daughter has a temporary parenting plan in place for
My daughter has a temporary parenting plan in place for 50-50. Her daughters dad has been in jail since feb 23 and will be there for awhile. We put in for temporary full custody it the court date is t… read more
Ray
Ray
Lawyer
Doctoral Degree
32,944 satisfied customers
I have a shared parenting plan and the fsther is refusing to
I have a shared parenting plan and the fsther is refusing to exercise his right to visitation. He only visits his child one day a week and ebery other weekend. He refuses to abide by the order. He did not take her for spring break. When he does have her he has her for a few hoirs and sends her to her grandfather. In the order he is to transport her to all activities on his scheduled time but refuses to. What can I do? … read more
LegalGems
LegalGems
Lawyer
13,291 satisfied customers
In a domestic abuse case can a mom take a minor out of
In a domestic abuse case can a mom take a minor out of state(Georgia) to move with family(Florida)without going to court? Thanks … read more
Sue
Sue
Juris Doctorate
520 satisfied customers
An agreed, signed and filed parenting plan with the
An agreed, signed and filed parenting plan with the Leavenworth County Kansas family court, apparently yet to be signed off of by the judge. The respondent is pro per and is now objecting to the paren… read more
Ray
Ray
Lawyer
Doctoral Degree
32,944 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x