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  1. #1
    Join Date
    Jan 2010
    Location
    Minnesota
    Posts
    3

    Default Court Ordered Parental Time

    My question involves a child custody case from the State of: Minnesota

    At the time of the divorce, my ex handed over sole custody of our 2 children to myself with NO fight. Since that time, he has bounced from job to job and from living arrangement to living arrangement (usually on a 1-2 wk basis). He apparently works during his summer visitation when he has the children, as he is never home between 5am-7pm Mon-Fri. The children tend to eat jello for breakfast, and dinner is not served until 10pm. Even if the children become ill enough to need a physician, he does not seek one. And has not yet taken them in for a dental appt. (even if one of the children complain of tooth pain). He is also nearly $14,000 behind in child support.

    My question is, based on the fact that he moves from place to place, he does not have steady employment, the children are not properly cared for (meals and health); do I stand a chance at winning a motion to revoke parental time until he gets things ironed out and settled in his world?

    I don't want to be the "bad" parent and refuse the children their father, but I have gone threw a few summers now where they have mentioned continuously of the not-so great conditions they endure while with him. I have talked to the court clerks, and have been informed unless there is recorded physical harm I don't have much to stand on...is this true?

  2. #2
    Join Date
    Sep 2009
    Location
    Minneapolis/St. Paul area
    Posts
    497

    Default Re: Court Order Parental Time

    Unless you can show the courts that most/all of what you are saying is true, then the court clerk is correct. However, IF you can document his address changes (and presumably his failure to noitify you of said changes), his failure to seek medical attention, etc., then you may have a chance at modifying the visitation plan. A lot of it will depend upon what you can prove.

    If I were you, I would consult with an attorney about modifying the visitation. Don't seek to suspend his visitation alltogether, but ask to change it to coincide better with his lifestyle.

  3. #3

    Default Re: Court Order Parental Time

    You stand a lousy chance of having visitation revoked to the extent you wish. This requires a more formal modification of the order, rather than a simple motion and hearing. For all the effort and expense of a suit for modifcation, you will at best wind up with adjustments to the visitation, rather than even coming close to revoking his visitation completely.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Court Order Parental Time

    How old are the kids? Are they school age?


    (Frankly unless he is abusing the children you have no chance at actually revoking visitation. Period)

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