Is the custodial parent responsible to retrieve the children from a visit?

My fiance’ has been retrieving his children from visitations with their mother because she refuses to bring them home. Her new spouse says that it is his responsibility to bring the children one way everytime a visit is requested.The visits do not occur on a regular, every-other-weekend basis and our family is suffering due to the lack of money that is spent on retrieving the children. When she comes to get them, they say they will be bringing them back at a certian time on Sunday, only to call the next day and command us to go get them. Her spouse claims that this is our legal responsibility.

Asked on July 6, 2012 under Family Law, Minnesota

Answers:

Russ Pietryga / Pietryga Law Office

Answered 8 years ago | Contributor

What does the court order say?  Usually, a court order will provide for pick-up and drop-off.  If there is not a court order, then your fiance' should file a petition and get a court order. 

If there is a court order and the moter is violating it.  File an "Order to Show Cause" to make her comply.  Usually, a letter from your fiance's attorney will resolve this simple issue.

Hope this helps.


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