Questions Answered by D. Patrick McCullough

Q: I have a daughter who is 19 yrs old and hast not graduated. the mother requested the court for another yr of support

1 Answer | Asked in Child Support for Minnesota on
Answered on Apr 4, 2019
D. Patrick McCullough's answer
It depends upon what your Judgment and Decree states relative to this issue.

Q: I was doing a sightseeing tour of St. Paul with my friends in St. Paul when the limo driver failed to break at a

1 Answer | Asked in Personal Injury for Minnesota on
Answered on Oct 29, 2018
D. Patrick McCullough's answer
It could be both. Even if the brakes were bad, the driver must have known that before he took you on as a passenger. You should contact an attorney who has experience in this area of the law for help. Generally there is no cost for a conference and generally most attorneys work on a percentage basis in these type of cases.

Q: Will the father of my child get his modification of parenting time accepted?

1 Answer | Asked in Child Custody for Minnesota on
Answered on Aug 1, 2018
D. Patrick McCullough's answer
There are so many other facts an attorney would need to know. I suggest you contact an attorney versed in Family Law to help you.

Q: Can I have a love interest?

1 Answer | Asked in Divorce for Minnesota on
Answered on Jul 2, 2018
D. Patrick McCullough's answer
Fault is no longer a consideration in dividing property or re: child support or alimony. Dating someone could potentially harm you IF there is a custody issue or if you or your friend are receiving or spending money on one or another. You should contact a family law attorney and fully explain your situation.

Q: Advised I needed probono personal injury lawyer for severe emotional abuse, how do I find

1 Answer | Asked in Personal Injury for Minnesota on
Answered on Jun 15, 2018
D. Patrick McCullough's answer
You should consult with another attorney who is experienced in Personal Injury cases and he/she could then give you the correct advice as to how to proceed. Most, if not all, attorneys in these type of cases will consult with you free of charge.

Q: How is a business divided between spouses who are co-owners and get divorced?

1 Answer | Asked in Divorce for Minnesota on
Answered on Jun 2, 2018
D. Patrick McCullough's answer
If the parties cannot continue to operate the business together which is likely the case and not a good idea, then the business needs to be valued and the spouse being awarded the business paying the other spouse his/her share or the the other spouse being awarded other assets etc. This is generally a very complicated situation that calls for an experienced family law atty to assist you.

Q: Child support not used for child

1 Answer | Asked in Child Support for Minnesota on
Answered on May 14, 2018
D. Patrick McCullough's answer
In your quest for Custody, you also need to ask the court to terminate any child support payable to your X and also a request that your X pay you child support. That should take care of the problem.

Q: Can I remove/rescind my divorce petition at any time? Can the judge deny me that? Can I do it at the start of trial?

1 Answer | Asked in Divorce and Family Law for Minnesota on
Answered on May 10, 2018
D. Patrick McCullough's answer
The Judge cannot deny you the right to withdraw your Petition; however, I am guessing your spouse served and filed a Counter-Petition and if so she can proceed on her Counter-Petition over your objection.

Q: I left my husband we are not legally separated but he demands to see kids every other wknd do i have to send them

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Answered on May 4, 2018
D. Patrick McCullough's answer
If there is no court Order, and he is the father of the children, each of you have the right to have the children and equally each of you can "take" the children anytime each of you wants, until there is a court Order designating what days each of you have. Is he harmful to the children or is there some other reason you do not wish for him to have the children?

Q: I have full physical custody of my daughter She took off to her dads and won’t come back now he demanding support return

1 Answer | Asked in Child Custody and Child Support for Minnesota on
Answered on Apr 18, 2018
D. Patrick McCullough's answer
How old is your daughter? He has no right to do what he did if you have full physical custody; however depending upon your daughter's age and the circumstances as to why she left, will impact on what the court will do in this situation. You should hire an experienced family law attorney to assist you.

Q: How can I get legal custody of my 2 great-nephews whose mother and 2yr old sister were just killed in an auto accident?

1 Answer | Asked in Adoption, Child Custody and Wrongful Death for Minnesota on
Answered on Apr 17, 2018
D. Patrick McCullough's answer
Very, very sad for you. You should consider hiring an experienced family law attorney to help you. These type of proceeding are quite complicated and you will need expert help.

Q: I need help with my answer and counter, for custody and parenting time.

1 Answer | Asked in Child Custody for Minnesota on
Answered on Apr 13, 2018
D. Patrick McCullough's answer
There is much more to be concerned about than just the time elements in a Divorce case. You should consider hiring a family law attorney to assist you.

Q: How can I get my support lowered as my income has decreased singnificantly.?

1 Answer | Asked in Child Support and Family Law for Minnesota on
Answered on Apr 4, 2018
D. Patrick McCullough's answer
A substantial change in financial circumstances can be a basis to change a child support obligation. I would need to know much more to give you a complete answer. You would need to bring a motion in order to lower support(unless your X agreed). You should talk with an atty to help you.

Q: Been married for 3 years, no kids, can my husband take away half of his savings he gave me after divorce?

1 Answer | Asked in Divorce for Minnesota on
Answered on Apr 4, 2018
D. Patrick McCullough's answer
In Minnesota gifts between spouses are not considered protected non-marital assets, so, yes he can, but there may be other facts that could affect this question and answer.

Q: Do I have the right to go see my child in school if i don't have custody of my child but I do pay child support?

1 Answer | Asked in Child Custody, Child Support, Education Law and Family Law for Minnesota on
Answered on Mar 26, 2018
D. Patrick McCullough's answer
There are two types of Custody-Legal and Physical and it depends upon what your Judgment and Decree says.

Q: My ex-wife has enrolled our children in counseling. Can she do this without my legal consent?

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Answered on Mar 19, 2018
D. Patrick McCullough's answer
You may not wish to cancel any appointments until you first consult with the counselor to see if your children need counseling; however, unless your Divorce Decree provides otherwise, if you have joint Physical and Legal custody, your X should not enroll your children in counseling without your consent.

Q: Can I sue I bit into a bone from a nugget from McDonald's it broke my tooth

1 Answer | Asked in Personal Injury and Products Liability for Minnesota on
Answered on Mar 16, 2018
D. Patrick McCullough's answer
Yes, and perhaps you will not have to sue and just settle out of court. Of course McDonalds may contest what happened and if so it is your burden to prove that is how you broke your tooth. You should consult an atty to help you.

Q: My husband told me he wanted a divorce a week ago. He has not filled as far as I know. He also won't leave the house.

1 Answer | Asked in Divorce for Minnesota on
Answered on Mar 14, 2018
D. Patrick McCullough's answer
If, in the end you wish to be awarded the house and live there, it would be a mistake to move out(of course if there is danger of Domestic Abuse-that could change things). I would need to know much more about your situation before I could give you the appropriate advice. You should consult with an atty well versed in family law.

Q: My nephew, 24, lives with me and was hit by a car. He had xrays done at the emergency room. Injuries are minimal.

2 Answers | Asked in Car Accidents for Minnesota on
Answered on Mar 13, 2018
D. Patrick McCullough's answer
Yes, if he does not have an auto and therefore no insurance of his own, some auto policy and if none then a state Assigned Claims for autos would provide No-Fault Auto coverage. This is a bit complicated and you should contact an atty to help you.

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