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Questions Answered by D. Patrick McCullough

1 Answer | Asked in Child Support for Minnesota on

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

If my daughter was supposed to graduate last year and she didn't and also I have a son who will turn 18 next year, is there something I can do to have the court stop the support now for my 19 yr daughter and next year when my son turns 18?

D. Patrick McCullough answered on Apr 4, 2019

It depends upon what your Judgment and Decree states relative to this issue.

1 Answer | Asked in Personal Injury for Minnesota on

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

stoplight and hit another car. How do I know whether to sue the limo driver for not braking or the company for possibly not maintaining the brakes?

D. Patrick McCullough answered on Oct 29, 2018

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... Read more »

1 Answer | Asked in Child Custody for Minnesota on

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

The father of my child moved to Flordia at the beginning of June for personal wants with his girlfriend and their child. My daughter was seeing her father every other weekend Thursday through Monday and now he is asking for her to fly over to Flordia to spend the summer there. I told him I only... Read more »

D. Patrick McCullough answered on Aug 1, 2018

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.

1 Answer | Asked in Divorce for Minnesota on

Q: Can I have a love interest?

I am a woman trying to divorce my husband in MN. I have been done a very long time and an old friend of mine and I rekindled our feelings for eachother after the seperation. My friend and I have known eachother 14 years. Anyways, we don't want to come out as a couple because it could hurt my case.... Read more »

D. Patrick McCullough answered on Jul 2, 2018

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... Read more »

1 Answer | Asked in Personal Injury for Minnesota on

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

Have legal aide lawyer who says he can only address divorce not what happened to me ie domestic abuse which was severe emotional caused me damage.

D. Patrick McCullough answered on Jun 15, 2018

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.

1 Answer | Asked in Divorce for Minnesota on

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

D. Patrick McCullough answered on Jun 2, 2018

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... Read more »

1 Answer | Asked in Child Support for Minnesota on

Q: Child support not used for child

My ex wife is living on her own while my child is living with my ex in laws. I'm currently trying to get full custody.

My ex in laws asked if could buy some new clothes for my child because they didn't have the money. My ex is keeping all the child support and nothing is going to her... Read more »

D. Patrick McCullough answered on May 14, 2018

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.

1 Answer | Asked in Divorce and Family Law for Minnesota on

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?

I filed for divorce and want to remove my divorce petition. Trial starts next week. I believe that the attorney for the other party put in place that if I removed my petition that she would automatically become the petitioner and we would proceed from there. Though I do not believe that my wife... Read more »

D. Patrick McCullough answered on May 10, 2018

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.

1 Answer | Asked in Family Law and Child Custody for Minnesota on

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

D. Patrick McCullough answered on May 4, 2018

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... Read more »

1 Answer | Asked in Child Custody and Child Support for Minnesota on

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

It’s only been 20 days. He enrolled her in school and hour and a half away from me and took her away from all her mental health supports.

D. Patrick McCullough answered on Apr 18, 2018

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... Read more »

1 Answer | Asked in Adoption, Child Custody and Wrongful Death for Minnesota on

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?

My niece and her youngest child were killed 4/2/18 And her 2 surviving children were taken from our care by the biological father of the younger child. They were taken to their "grandmothers " whom ny niece has told several authorities and family members she would never want her children to be... Read more »

D. Patrick McCullough answered on Apr 17, 2018

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.

1 Answer | Asked in Child Custody for Minnesota on

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

I don't have an attorney as of yet, but only have a week left to respond with my answer and counter. I'm freaking out because I have no idea which paperwork i need to fill out and send back right away...please help. I've filled out most of it already but do I have to have all of the confidential... Read more »

D. Patrick McCullough answered on Apr 13, 2018

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.

1 Answer | Asked in Child Support and Family Law for Minnesota on

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

Mom makes more than Dad. Dad had to quit job to watch kids that are under his care because Support money made it impossible to pay for daycare. Support isn't being used for caring for daughter, she's never wearing shoes that fit, her hygiene is questionable.. Also daughter will be with dad full... Read more »

D. Patrick McCullough answered on Apr 4, 2018

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.

1 Answer | Asked in Divorce for Minnesota on

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

About a year ago, he transferred 50,000 dollars (half of his savings) to my private bank account. He did so to prove to me that he was serious about the marriage. Can he take it away from me after we file for divorce?

D. Patrick McCullough answered on Apr 4, 2018

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.

1 Answer | Asked in Family Law, Domestic Violence and Child Custody for Minnesota on

Q: I am a Grandparent to 4 granddaughters that are in harms way with their parents. I want to file for emergency custody.

The parents have several domestic assault convictions, one back in 2015 when the mother stabbed the father twice in front of the kids. The girls were give to myself and my husband to foster until the Mother completed rehab and counseling. The parents are fighting again, and I need to get the... Read more »

D. Patrick McCullough answered on Apr 3, 2018

I would suggest you hire a family law attorney to help you.

1 Answer | Asked in Child Custody, Child Support, Education Law and Family Law for Minnesota on

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?

D. Patrick McCullough answered on Mar 26, 2018

There are two types of Custody-Legal and Physical and it depends upon what your Judgment and Decree says.

1 Answer | Asked in Child Custody and Family Law for Minnesota on

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

We have joint legal and physical custody. I have asked her for the reason why she has them in counseling and she will not provide any information. My children are under my insurance and I have not consented to them being treated for this non emergency medical treatment. Can she legally continue... Read more »

D. Patrick McCullough answered on Mar 19, 2018

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... Read more »

1 Answer | Asked in Personal Injury and Products Liability for Minnesota on

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

D. Patrick McCullough answered on Mar 16, 2018

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.

1 Answer | Asked in Divorce for Minnesota on

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.

He wont leave the house. He is the one that once the divorce, but he wont leave. I take care of my elderly father and I have a child not from him. I have 3 people to think about when he has one. I want to move out because i dont want to deal with the emotional abuse, but is that the smartest move... Read more »

D. Patrick McCullough answered on Mar 14, 2018

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... Read more »

2 Answers | Asked in Car Accidents for Minnesota on

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

He has no car insurance, he's not a driver. They said auto insurance of another relative can be used? What? Why not his Health insurance.

D. Patrick McCullough answered on Mar 13, 2018

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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