Question:
Can the Petitioner change the requests made in the Petition for Divorce if the Respondent defaulted?
I requested joint custody as the Petitioner, but the opposing party has defaulted so I was wondering if I could change my request to sole custody.
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Minnesota divorce laws where I am licensed to practice.
In a request for default, the party is generally limited to asking for what they requested in the initial petition.
With that said, what the label states is not generally as important as the actual parenting time proposed.
A person can request joint physical custody but request most of the parenting time and still be in conformity with the label “joint custodian.”
Thus, the petitioner could be asking for “joint” custody and still get most of the parenting time.
Resources:
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Minnesota Divorce Lawyer Andrew J. Laufers, contact Cordell & Cordell.
