How to enforce an out of state custody case?

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How to enforce an out of state custody case?

The judge made a descision and the case was established with the morher having full custody with the father having visitation rights. Upon a mutual agreement, which was signed by both parties and a judge in good standing. The mother and child then moved out of state. Now the father has moved to that same state but the mother is denying the father visitation. The father has all documentation of the previous case and wants to have visitation with his daughter again. How does the father go about getting the order from his former state of residence enforced in his new state?

Asked on January 6, 2013 under Family Law, Minnesota

Answers:

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 8 years ago | Contributor

To respond to your question, I need to know how the state of Minnesota is involved in the problem.  I would also want to view the existing court orders.  I will reply in generalities only. The matter of a parent needing to seek enforcement of an existing court order for parenting time is a common issue in my family law practice.  Oftentimes the parent facing a circumstance such as you described will seek to obtain court orders that are more appropriate to the new, changed circumstances.  According to Minnesota law, if a parent is unreasonably denied his/her parenting time a judge may impose a multitude of remedies including, among many other options, a civil financial penalty to the parent who has been found to have unreasonably denied parenting time.  The issue of a custodial parent leaving (or contemplating leaving) the state of Minnesota with the child/children, and the issue of a custodial parent moving into Minnesota with the child/children are other common issues encountered in my legal practice. 


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