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    nord's Avatar
    nord Posts: 1, Reputation: 1
    New Member

    Jan 31, 2015, 05:26 PM
    Custody battle
    My ex wife is retaining one of my sons from court ordered visitation in Mn. It says in the divorce papers that is a felony. In this state I find it hard to believe that a woman would get charged for this. What can I do if and when the state refuses to press charges on her when I can guarantee they would charge me?
    talaniman's Avatar
    talaniman Posts: 54,187, Reputation: 10852

    Jan 31, 2015, 06:21 PM
    Charge you with what since she is the one violating the divorce decree. You do like everyone else does, you take her to court.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692

    Jan 31, 2015, 10:28 PM
    First it has to be proved, so you take her back to family court to get the order enforced. Then the judge can determine. Also, divorce paperwork is not the final say on if a activity is a felony or not. State law (which changes every year) will determine that.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Feb 1, 2015, 07:48 AM
    What is the visitation? Is it a specific time or do you have to schedule it with her or what?

    Basically you ask a police officer or sheriff to accompany you to pick up your son. You show the court order to prove you are entitled to visitation. If she refuses to let your son go with you, you have the officer as witness. You then go back to court and have her cited for contempt of court. If the court finds her in contempt, the court will impose a penalty.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977

    Feb 2, 2015, 07:17 AM
    It says in the divorce papers that is a felony.
    I also question whether this assertion in the paperwork is accurate. It wouldn't hurt to bring this to the attention of the police or prosecutor, but it seems to me that asking the court to hold her in contempt is the more likely solution.
    cdad's Avatar
    cdad Posts: 12,687, Reputation: 1438
    Internet Research Expert

    Feb 3, 2015, 02:37 PM
    Im sure that it could say felony in the paperwork but it more relates to parental kidnapping rather then just straight out custody. I can see some lawyer putting it in the documents just to scare the opposing party.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977

    Feb 3, 2015, 02:45 PM
    One would have to research the Minnesota criminal statutes to find out what exactly the elements of such crime (if it is defined as such) would be.

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