Canthe dad i move out of state w/o going to court if order is in effect with grandparent visitation have to comply w/ activities

Asked almost 2 years ago - South Haven, MN

I HAVE AN UNIQUE SITUATION. MY DAUGHTER’S FATHER AND I HAVE LIVED TOGETHER SINCE DAY ONE, 11 YEARS ALMOST. HE IS THE FATHER. MY DAUGHTER IS 10 YEARS OLD. MY DAUGHTER STAYED WITH HER GRANDMA ON AND OFF FROM AGE 2 TO 5.WE VERY MUCH IN HER LIFE. WE NEVER GAVE ANY TYPE OF RIGHTS. WE TOOK OUR DAUGHTER BACK TO LIVE WITH US AT AGE 5 ENROLLED IN KINDEGARDEN AND 2 DAYS BEFORE IT THE GRANDMA LIED AND GOT THE COURT TO ISSUE AN EX-PARTE HEARING AND GOT TEMPORARY CUSTODY. WE WENT TO COURT AND THE COURT TOLD THEM WE HAD JOINT CUSTODY. THIS WENT ON FOR AWHILE, UNTIL MEDIATION WHERE WE WERE SCARED INT O LETING THEM HAVE 2 WEEKENDS A MONTH AND THEY WOULD HAND OVER FULL CUSTODY IN 6 MONTHS. WHEN 6 MONTHS CAME TO TERM WE RECEIVED ANOTHER COURT HEARING SAYING WE WERE UNFIT AND NOT FOLLOWING ORDER. WE WENT BACK TO COURT FOR FRIVOULOUS THINGS AND THE JUDGE DENIED THERE STUFF AND MINE. THIS VISITATION WENT ON FOR ANOTHER 4 YEARS UNTIL I TOOK THEM BACK TO COURT TO MODIFY GRANDPARENTS VISITATION. IT WAS CHANGED T0 3 WEEKENDS OUT OF 2 MONTHS, 9 DAYS IN JULY AND 9 DAYS IN AUGUST. THE VISITATION IS SUPPOSE TO TAKE PLACE IN A TOWN 30 MILES FROM MY HOME WHERE THEY PICK HER UNLESS THEY AGREE TO PICK HER UP AT MY HOME OR ANOTHER LOCATION. MY QUESTION IS DO THEY HAVE TO COMPLY WITH HER ACTIVITIES, SCHOOL FUNCTIONS LIKE DANCES AND GIRL SCOUTS IF IT FALLS ON THE WEEKENDS I GIVE THEM. DO THEY HAVE TO BRING HER OR PICK HER UP FROM THEM IF IT FALLS ON THERE DAYS? MY DAUGHTER IS NOW 10 YEARS OLD DOES SHE HAVE ANY SAY IF WE WENT BACK TO COURT TO CHANGE VISITATION? ALSO HER DAD AND I WERE THINKING OF GETTING MARRIED WOULD THAT HELP US AT ALL IN GETTING VISITATION DENIED OR REDUCED? WE WOULD REALLY LIKE TO GET IT REDUCED 3 WEEKENDS EVERY 2 MONTH AND 18 DAYS IN THE SUMMER IS A LOT FOR HER TO MISS OUT ON HER FRIENDS AND SHE HAS 2 OTHER SETS OF GRAND PARENTS. ALSO HER DAD AND I WERE THINKING OF MOVING FROM MINNESOTA TO TEXAS TO BE NEAR MY PARENTS, WOULD THE ORDER CARRY OVER OR WOULD THEY HAVE TO FILE A NEW CASE IN TEXAS, CAN WE MOVE WITHOUT HAVING TO GOTO COURT ALL THEY HAVE IS GRANDPARENTS RIGHTS? IF A COPY OF THE ORDER IS NEEDED I CAN POST IT ON HERE, I DON’T HAVE A LOT OF MONEY TO PAY FOR AN ATTORNEY WE HAVE BEEN GOING THROUGH THIS VISITATION WITH THEM FOR THE LAST 6 YEARS.

Attorney answers (2)

  1. Sara Marie Grant Rojas

    Contributor Level 13

    2

    Lawyers agree

    Answered . I am so sorry to hear your story. It sounds terrible. My advice to you is that you really need an attorney. I know that attorneys are expensive, but it sounds like it may be well worth it considering the heartache you have endured. Some attorneys will work with you on the cost, but it sounds like you have a very serious situation on your hands. My overall assessment is that IF you get an attorney, you can probably fix this, however, it would be very hard to do on your own.

  2. Timothy John Coulter

    Contributor Level 10

    1

    Lawyer agrees

    Answered . I agree that you should hire an attorney in this situation especially since you are now wanting to move to Texas. The order in Minnesota remains as is until it is modified, which means that if you were to move to Texas the grandparents would still have their right to visitation. If you made it impossible for them to have their visitation (by moving to Texas), you would be in violation of the order. So, you need get the current order modified before you move to Texas.

    In order to properly answer your other questions, an attorney would need to review your case in more depth than is possible on a public forum like this one.

    Tim Coulter
    651-493-7357

    This response if for informational purposes only and is not creating a attorney-client relationship. An attorney... more

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