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I am the father and I live in WI, the mother is in MN. There has never been an official declaration of custody. It is assumed, I assume. I do not have any 50/50 legal or physical. I pay child support regualrily and it is current and  I have a clear visitation schedule.

In the last month the mother has been evicted from her apartment and recently had her 2000 GMC Yukon reposesed. There is definet suspicion of drug abuse. She also works illegally as an "entertainer" have not been able to prove any of this to a court. I have been slowly rebuilding the parental friendship with my child's mother and my fiance and her are talking effectivly regarding my daughter's welfare. I am able to convice the mother to allow more visitation than ordered, I think she likes the break and is slowing getting over her control issues. I try to have my daughter with me as often as the mother will allow.

I would like to have full custody some day but after 3 1/4 years know about the chances of that without some major occurances taking place.

So this is what I am wondering about. The mother has recently allowed me to bring my daughter to my house indefinetly, I told her that until she got her stuff together I felt that my daughter would be better with me. She agreed! wow. I am arranging for child care due to both myself and my fiance working full time.

Question: How long would my daughter have to be in my care/living with me/ enrolled in preschool here before I could ask for a judgement of custody to myself?
I understand I would need to establish status quo. I remember seeing somewhere six months, but can less be adequate?

I just want everyone to know that my intention is not take my daughter away from her mother or use her irresponsibility against her. I want my daughter to be in the healthiest envoronment possible. I do not plan to seek $ for child support or daycare. I will be happy to co-create a visitition schedule that allows for plenty of parenting for the mother.

Case is in MN, I am the NCP. I am bringing a motion for contempt against the CP for denial of visiation. Again.

I would like to have two witnesses give their testimony in front of the judge.

What do I have to include in the paperwork that will be served to the CP to "notify" that I will have witnesses in court?

Could you please give me a template to work with?

Thank you so much. I know that I have read about this here but I am pro se and I want to be sure I get everything right.

Dear Soc-

Your advice to some of the questions asked recently has really taught me a lot and I want to say thanks again for all. You really blew me away with all the info about insurance.

My question is about visitation.

I am the NCP and the case is in MN.

The court ordered visitation is written as, "the child shall be delivered to and returned to the home of XXXX XXXXXX, the grandmother of the child."

I am the father. The drop off and pick up are at my mom's house. The order does not state that the mother shall drop off my daughter to me, just where. Part of this is because we were trying to avoid seeing each other to avoid conflict. I do not have any legal or physical custody as of yet.

I live over two hours away from the drop off/pick up site. Lately the CP has been again denying visitation and I am working on another contempt motion.

Do I have to be present for the CP to drop off my daughter at my mom's house. Of course my mom would be present?


Can my mom call the police when the CP doesn't arrive to file the report that the CP didn't drop of my daughter?

thanks for the help.

Hello again-

I have asked you several questions concerning this subject and here I go again:)

The case is in MN. I am the NCP. Dec. 5 there was a court appearance filed by myself, order to show cause-contmpt-denial of visitaion.

During court I settled on an agreement with the CP. Which was later drafted and sent to CP' lawyer. Now the CP is refusing to sibn the stip, really not in her favor as I can tell.

I called the court administrator and asked if I could write a letter to the judge asking him to enter the verbal agreement we made in front of him as a signed judgement. I was told previously that that is what would happen if one of us didn't sign the agreement. I wanted to get the judgement entered to have an enforceable order in place, (the location of the drop changed in our agreement and that is where we have been meeting). However, the administrator told me that I needed to start from scratch and ask for another order to show cause to be signed and bring the CP back into court for contempt again with the same evidence as was presented before. This due to "the agreement having fell apart". The court administrator stated that the visitation order we had previously would still be in effect and enforceable. This makes me feel that we need to start meeting again at the original location in order to have an enforceable order.

Does this sound right to you? In the past you advised that because we agreed in the courtroom that agreement would go into effect when the judge signed it. It doesn't sound like a judge will sign a new order.

How long should I wait for her to sign the agreement before I bring her back into court? She won't but I want to be sure before I bring her back into court.

Thanks for your help. As far as I can tell I just need to do a little preparation and get an order to show cause, serve her, and serve the courts.

I am the NCP, case is in MN.

The CP and I have agreed that child support should be modified and have agreed on an amount for monthly support.

The CP would like to offer the courts an agreement in hopes that they will approve and modify without an investigation.

Can you give me an example of an agreement that we could present the court?

Thanks for your help.

Case is in MN. I am the NCP. I recently was in court asking for a motion of contempt and parenting time assisstance due to the CP not bring my daughter to the drop off for court ordered parenting time. The order was specific and everything was in order. There really should have been no reason that the NCP would not have been found in contempt and parenting time reinstated.

Because I was nervous I hired a father's a family law lawyer to come into court to help represent myself and to help show the contempt.

I did have police reports as witnessess and nasty letters written by the CP to myself stating I would never see my daughter again.

I really was what appeared to be an "open/shut" case.

My lawyer talked with the CP's lawyer when the judge asked if they could come to an agreement.

I wanted to see my daughter asap and I agreed to settle. However I did not talk with my wife before doing so and later realized I had made a big mistake. She has been my "legal counsel" ,researching this site, helping me make posts, gathering all the info and was more informed than I.

Honestly I didn't even realize what I was doing. I had told the lawyer I hired her to help with the contempt case but she encoured me to settle.

I agreed on record in front of the judge to something I did not want yo do. Now my lawyer tells me there is nothing I can do. She said she will be forwarding the agreement for me to sign.

If I do not sign the agreement what would happen?

Is there any way I can get a new motion hearing and not agree to what the CP wanted?

Sorry to ask this question again. I can't find the discussion anywhere where we previously discussed this issue. I find it to be very important and relevant to many people.

Case is in MN. I have visitation only. There is nothing in the court order that states I have to be the one to pick up my daughter, also there is nothing in the order that states I can appoint someone else.

Can I allow my fiance' (or wife or someone I appoint) to pick up my child?

In the previous post you stated no, but I can't find it. So I assume no one else can either.

 What is it called that I would ask the court for so I could appoint someone else to pick up my daughter?

Thanks for your paitence with me.

I am the NCP. The case is in MN. I do have a specific court ordered visitation schedule. The CP has not delivered the child to the court appointed location four times in a row. After the third time I served her by mail(legal here) a motion for parenting time assistance to resovle problems. I also have a motion for contempt. Court date for both are the same time on November 21.

I have not been able to serve her the motion for contempt( must be in person). She is hiding out in her apartment. I paid the county of her residence civil division to serve her and they are still attempting but it seems that she will not open the door or call the officer who has left notes for her. I am running out of time. The service needs to be done by Nov. 7.

Question 1- do you have any tips on how to serve her other than hanging out in my car and waiting for her to go outside to her car? What if I can't serve her at all, I have proof that attempts have been made. Can anything be done to proceed on this matter if service is not completed other than requesting a new court date and trying again?

After the first three visits that were denied she recieved in the mail( according to delivery confirmation)the service of the motion for parenting time assistance etc. including the future court date. I thought she would wise up and bring my daughter per the court order but she did not.  

Question 2- What is the best thing to do about this fourth missed visit? Do I file another motion for parenting time assistance ect. and another motion for contempt with another court date?

I am new to this web site and I just wanted to thank you for everything you are doing to help all of us parents. I have searched high and low and this site is the best. I do not visit any other now.