What to do if my ex-wife has holding custody of our 7 year old daughter for 3 months but we have 50/50 custody as per our divorce decree?

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What to do if my ex-wife has holding custody of our 7 year old daughter for 3 months but we have 50/50 custody as per our divorce decree?

She suppossedly has filed for full custody on the grounds that my house is an unsafe invorionment (without any justification or evidence0.I have not seen any paperwork or been summond to court about this matter and have been unable to see my daughter. What are my legal rights and what steps should I take to get this matter solved peacefully?

Asked on October 11, 2012 under Family Law, Minnesota

Answers:

David Axinn / David M Axinn

Answered 8 years ago | Contributor

Since she appears to be in violation of a court order, you could file a contempt of court motion, to enforce the existing order.

Ordinarily, a party is required to obey court orders, even if they are trying to change them. The only exceptions would be if there is an emergency situation (which doesn't seem to apply here, since its been 3 months), or if the court has made a temporary order in response to a motion she filed. You, or your attorney can determine whether this has happened by checking the records at your county courthouse.

 


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