D. Patrick McCullough's answer If there is no court Order, and he is the father of the children, each of you have the right to have the children and equally each of you can "take" the children anytime each of you wants, until there is a court Order designating what days each of you have. Is he harmful to the children or is there some other reason you do not wish for him to have the children?
D. Patrick McCullough's answer How old is your daughter? He has no right to do what he did if you have full physical custody; however depending upon your daughter's age and the circumstances as to why she left, will impact on what the court will do in this situation. You should hire an experienced family law attorney to assist you.
D. Patrick McCullough's answer Very, very sad for you. You should consider hiring an experienced family law attorney to help you. These type of proceeding are quite complicated and you will need expert help.
D. Patrick McCullough's answer You may not wish to cancel any appointments until you first consult with the counselor to see if your children need counseling; however, unless your Divorce Decree provides otherwise, if you have joint Physical and Legal custody, your X should not enroll your children in counseling without your consent.
Jonathan Matthew Holson's answer That would be difficult to prove. There are urine tests that can be used to determine if someone has previously consumed alcohol, even if they are not currently under the influence. The most common test is an ETG test. I am unaware whether these tests are available to general public or if they are only available to law enforcement/probation.
D. Patrick McCullough's answer Assuming you are a good parent, the court would likely enforce and perhaps modify your time with your child now that you have moved out of state and the existing schedule is no longer practical. You will need to bring a Motion to be heard by a judge to make those changes.
Lisa Watson Cyr's answer The Court will determine parenting time after considering what is in the child's best interest based on the factors set forth in Minnesota Statute Section 518.17. Based on the information you have provided, it appears there may be good cause to seek supervised or restricted parenting time.
Lisa Watson Cyr's answer If your son's father is not paying his court-ordered child support, you have a few options. If he is working, you may want to apply for income withholding services through the appropriate county. You also have the option to bring a motion seeking to have your son's father held in contempt for non-payment of support.
Lucas Wynne's answer Unfortunately, the way you have worded the question creates conflicts which prevent it from being answered. You call one parent the "custodial parent" but say that there is no court order in place. If there is no court order in place, there are not set rules on these type of issues. If there is a court order in place, you need to follow the court order. It sounds to me like you may need a court order to be established. Hope that helps.
Lucas Wynne's answer Go to your local courthouse and ask for the family law forms for your specific issue or go to the Minnesota Courts website and click on the forms section. All the information you need will be available in the packets provided by either.
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