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Questions Answered by Corwin Kruse
1 Answer | Asked in Family Law for Minnesota on
Q: My son had a child with a young woman, they have since broke up but I am not being allowed to see my grandchild .

She doesn't have her children all the time. She lives with her grandparents who currently basically are raising but is in control of who can and cant see the babies.

Corwin Kruse
Corwin Kruse answered on Feb 23, 2020

Has your son been adjudicated the father? Does he have court-ordered parenting time? If so, you could see the child during that time. If not, neither he nor you have any enforceable rights.

1 Answer | Asked in Family Law for Minnesota on
Q: one last question. I appreciate you and this site you been so much help for people who can't afford representation.

Now with having joint legal custody of 9 yr old son and his case manager and therapist never meeting me in person and solely going on the words of my angry ex-wife towards me and being very unprofessional and bias toward me. Do I have the right to take them both off my son's case? since I never was... Read more »

Corwin Kruse
Corwin Kruse answered on Feb 20, 2020

If you have joint legal custody, you have equal say in determining medical/psychiatric treatment. You should have been consulted prior to starting therapy. You should raise to the court the fact that you weren’t and can then ask that they be removed for bias or other reasons.

1 Answer | Asked in Family Law for Minnesota on
Q: Follow up Question my son shouldn't even know about court coming up or supervised visits she wants.

he tells me and asks me questions that no 9 yr old should know about or be told such as at his last appointment his therapist called him into room asking what we talk about on visits and phone calls so she knows what to say in court and his case manager talking to his mom in front of him saying I'm... Read more »

Corwin Kruse
Corwin Kruse answered on Feb 19, 2020

You will likely want/need a transcript of the recording if it is to be presented to the court. For now, highlighting the conversation and noting that the entire conversation is available for the court may suffice. Note that court's generally dislike parents involving the children in disputes of... Read more »

1 Answer | Asked in Family Law for Minnesota on
Q: I was served by my ex-wife on a motion to modify visitation and have court in Fillmore cty Mn on march 10th.

Im filling out my response in our divorce we have joint legal custody. her complaints are ludacris and she has put see attached but has nothing to support anything shes claiming the reasons why asking for a change cause nothing that shes claiming happened on visits ever has happened. His school... Read more »

Corwin Kruse
Corwin Kruse answered on Feb 17, 2020

Yes, you should have access to the records. If they won’t provide voluntarily, you can subpoena them.

1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Q: What to do if dad ends up having child more and still paying support to mom and she quits her job?

Hello, my bf is court ordered to have him on weekends and she has asked us to have him more. If we don’t have him his grandma does . Who doesn’t live with mom. We seem to be sharing custody with grandma not mom. Mom voluntarily quit job. And we’re still paying her $400 dollars a month. Is... Read more »

Corwin Kruse
Corwin Kruse answered on Feb 12, 2020

you cannot stop making payments unless the court modifies the child support order. You would need to go to court and ask first that parenting time be modified to reflect the actual situation, and then ask that support be modified per the new schedule. If mom voluntarily quit, income can be... Read more »

1 Answer | Asked in Family Law for Minnesota on
Q: Thank you for your answer Corwin.

He was never married to the mother. How would you find out if it has been adjudicated? The child in has lived under my wife and my roof, with the father (my step son) for 40-45 percent of the time, this has been on going for 4 years child spends the rest of the time with child's mother, under her... Read more »

Corwin Kruse
Corwin Kruse answered on Feb 11, 2020

Normally, you can look up cases online, however, if this is a paternity case it would not show up. If it is a divorce, then it would. If your step son is seeking official parenting time, then yes, the living arrangement would help your case. That said, there are many variables involved.

1 Answer | Asked in Family Law for Minnesota on
Q: follow up question

father has been ordered to pay child support, does that take away the presumption of paternity?

Corwin Kruse
Corwin Kruse answered on Feb 11, 2020

If a father has been ordered to pay child support, that would indicate that he was either married to the mother or adjudicated the father. Presumption of paternity would no longer apply unless another man is challenging the paternity.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Question concerning. ROP.

If a ROP is signed by the farther at the time of birth, does that off set MN law that states, a unmarried mother mother has sole rights to the child

Thank you,

Fred Prescott

Corwin Kruse
Corwin Kruse answered on Feb 11, 2020

No. The ROP creates a presumption of paternity, but if the parties are unmarried, an adjudication of paternity is still required for paternal rights.

1 Answer | Asked in Elder Law, Estate Planning and Probate for Minnesota on
Q: Need a lawyer for neglect and Financial Explotation of vulnerable adult. He's his own gaurdian, but needs advocate.
Corwin Kruse
Corwin Kruse answered on Jan 27, 2020

You will need an attorney who specializes in Estates, Trusts, and Probate.

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: If my rights to my youngest child were involuntarily terminated, does that also terminate my rights to my previous two?

I have a son who's gonna be 15 in July, and a daughter who is 10, with one woman. After we separated, we managed to agree to visitation, and custody, without going to court. She has had physical custody of both of them for the last few years. During that time I had another daughter who just turned... Read more »

Corwin Kruse
Corwin Kruse answered on Jan 22, 2020

Termination of rights to one child does not terminate rights to other children.

You indicated that you and the mother have "separated" and agreed to custody and visitation. Were or are you married to one another? If not, you have no enforceable parental rights unless you go to court, are...
Read more »

1 Answer | Asked in Family Law for Minnesota on
Q: Can the court prevent you from being with someone and send them to jail for it?

My daughters father and I broke up due to emotional abuse and he has changed the behavior since then we both still want to be together and work stuff out but he told me the court said if he were to be together with me again he'd be sent to jail for it is that possible

Corwin Kruse
Corwin Kruse answered on Jan 12, 2020

Is there an Order For Protection in place? If so, violating it is a crime and can lead to jail time.

1 Answer | Asked in Family Law and Child Support for Minnesota on
Q: When my ex and I divorced in 2015, we each had a child that was living with us so child support was reserved for future.

Now, my son is at the age of majority and my daughter lives with me. My daughter does not want to live with her mother. I live in Minnesota, and my ex-wife lives in a different state and thinks that a child support calculation would be based off of the state statute of the state she lives in.... Read more »

Corwin Kruse
Corwin Kruse answered on Oct 22, 2019

If the decree was entered in MN and your daughter still lives here, the MN child support statute will apply. As for underemployment, this is a fact question and you would need to request her tax returns, pay stubs, and bank records in discovery. The statute allows for support to be based upon... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Q: Do I legally have to provide proof of my work schedule for scheduling a mediation

I'm representing myself. We were given dates to choose from, they picked next week because it fit around her work schedule, I declined due to my work schedule and her lawyer then emailed me requesting my work name address and phone number to prove my work schedule.

Corwin Kruse
Corwin Kruse answered on Oct 11, 2019

The lawyer can request, but you do not have to provide. That said, unless it would impact your work relationship or jeopardize your job, it may be simplest to give the information. At minimum, you should provide alternative times that WILL work for you for mediation.

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: My Child is 18, did not graduate. Is working full time. And won't be going back to school until the next semester.

18 yo is paying for rent and food to ex. Do I still have to pay child support at this point?

Corwin Kruse
Corwin Kruse answered on Oct 10, 2019

Per Minnesota law, a "child" for the purposes of child support is "an individual under 18 years of age, an individual under age 20 who is still attending secondary school." If the child is 18 or more and presently not in school, you have an argument that child support should terminate. The... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Q: How to stop parent from fraudulently collecting support.

Paid support for 17 years. Child recently dropped out of highschool, and left mother's home to live in parts unknown in Minneapolis. (with boyfriend, assumably) How can we stop payments to the mother?

Corwin Kruse
Corwin Kruse answered on Sep 4, 2019

Minnesota law defines "child" for the purposes of support as "an individual under 18 years of age, an individual under age 20 who is still attending secondary school, or an individual who, by reason of physical or mental condition, is incapable of self-support."

You would need to bring a...
Read more »

1 Answer | Asked in Family Law and Child Support for Minnesota on
Q: Explain child support a bit more in depth; like what would child support cover? Would rent count as being covered?

Or any other bills in the household that he doesn’t live at be counted?

Corwin Kruse
Corwin Kruse answered on Jul 31, 2019

Child support in Minnesota is set by statute. If you google Minnesota Child Support Calculator, you can input your information and get a presumptive child support amount. The court can deviate, but needs to explain why if it does so. Basic child support is meant to be a contribution to basic... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Minnesota on
Q: What is the fastest and nicest way of divorce and child custody?

My husband goes back and forth telling me that he wants the nicest divorce and child custody but the next time it is brought up that he will drag out the divorce the longest and expensive way as possible. Is there a way to get it done fast and nicely as possible, when he is against getting advice... Read more »

Corwin Kruse
Corwin Kruse answered on Jul 29, 2019

"Fastest and nicest" is a pretty subjective goal. More importantly, fastest and nicest may not be "best"; rather it may simply be agreeing with everything that the other person wants. As a SAHM, you would potentially receive some level of spousal maintenance. In addition, you could ask that your... Read more »

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: Is the down-payment my wife made during our marriage considered marital or non-marital upon divorce?

My wife and I bought an investment property together about 8 months into our marriage. We mutually agreed to buy it, both of our names are tied to the mortgage and ownership. At the time of purchase, my wife paid the entire 20% down-payment of $70k from her personal checking account (as we agreed I... Read more »

Corwin Kruse
Corwin Kruse answered on Jul 25, 2019

There is no clear-cut answer to this, as there are a lot of variables in play. This is really going to come down to her ability to trace the funds. Some questions that need to be answered: What was the source of funds in the account? What was the balance of the account at the time of marriage?... Read more »

1 Answer | Asked in Child Support and Family Law for Minnesota on
Q: Hello, if i make a couple child support payments before court will it help my contempt case so i don't go to jail?

Husband has contempt hearing coming up lost his job and was unable to pay for the past year now has part time work and we can make at least two payments before court but his job will fire him if he goes to jail for this hearing how can we avoid jail time he tried for custody of the kids and lost... Read more »

Corwin Kruse
Corwin Kruse answered on Jul 23, 2019

Holding someone in contempt involves a two-stage process. In the initial hearing, the court will attempt to ascertain why the payments were not made. If the party has a valid excuse, to the satisfaction of the court, no contempt should be found. For the hearing, you will want to gather all... Read more »

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Personal Injury for Minnesota on
Q: Is it legal for a person grante temporary legal custody of child to immediately have elective surgery perfomed on child?

They never asked for consent from the parent and did not notify the parent nor the Court. They just went and had elective surgery performed on the child within weeks of being granted ex parte temporary legal custody. The child is now severely psychologically abused and traumatized. After elective... Read more »

Corwin Kruse
Corwin Kruse answered on Jul 19, 2019

Legal custody carries with it the right to make medical decisions for the minor child. Of course, depending upon the circumstances, one might be able to argue that custody should be modified based upon physical or emotional endangerment to the child.

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