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If the mothers gets sole legal and physical custody but the fathers gets visitation what rights does the father still have?

International Falls, MN |

What happens if something happens to the mother or if she decides to move out of state. does the father have any rights left?

Attorney Answers 1


If "something" happens to the mother so that she can no longer care for the child, you would most likely be first in line for custody. That presupposes that you don't have any big black marks against you such as drug use or alcoholism. Moving out of state once custody and parenting time have been decided by a court is quite difficult. Without your consent, the custodial parent must convince the court that such a move is in the best interests of the child and that is a very steep hill to climb. The law in Minnesota presumes that it is in the best interests of the child to be in the same state as the parent who does not have custody so that the parent-child relationship can be maintained.

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