St. Louis, MN asked in Family Law for Minnesota

Q: If non custodial parent doesn't use visitation can it be reduced?

I am the custodial parent of a 13 year old. The non-custodial parent moved away and hasn't seen him in 5 years. When he moved he gave me full custody but kept the right to reasonable (25%) parenting time so he could visit him when he came back to town. He has not used the parenting time for the last 5 years and I would like to reduce it so that he do longer gets a reduction in child support.

I do not want to go back to court, is there a simple way to edit his parenting time from "reasonable visitation" to 10% or less to more accurately reflect reality? Maybe a parenting time expeditor? Thank you.

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1 Lawyer Answer
Kristen Bullock
Kristen Bullock
Answered
  • Saint Paul, MN
  • Licensed in Minnesota

A: You will have to go back to court to change child support. Depending on how the decree is written you may not have to have the custody decree amended and may be only required to file a motion for child support. In any event, you have to meet certain requirements before you can seek a modification of child support. Before I filed anything I would consult with an attorney to review the decree and child support order and to determine if you should file a motion to modify child support.

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