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What rights do I have as a custodial parent when my ex is trying to take extra visitaion time without my agreeing to it?

Minneapolis, MN |

I have been a divorced mom for 5 years, with full physical custody of my 2 kids.
Our parenting plan states that he gets the kids one night a week, and every other weekend. For 5 years our plan has worked well. He recently stated that this "isn't enough." He says that during the summer he should get them more- (he also gets 3 weeks of extra time with them per year per our divorce decree). He has been getting them on his weekly night, and then telling me "they want to stay another night, they're having fun", and will not bring them back to me even after I protest. My concern is he is trying to establish them into his home as to show the MN court that they are acclimated to more days there, and will therefore try to change our custody agreement. What rights do I have in this situation?

Attorney Answers 1


The court order is the default parenting time arrangement between the two of you. If the two of you agree to something different- more or less parenting time for Dad, etc. that's fine. However, when you two can't get along, the court's order controls.

If he wants more time, it's up to him to do something about it i.e., convince you or bring a motion before the court for more parenting time.

The above is not intended as legal advice for your specific situation or intended to create an attorney-client relationship. Talk to a lawyer for advice tailored to your specific needs.

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