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Questions Answered by Corwin Kruse
1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: My granddaughters by court order have to spend there summers in California with there father. Can they refuse?

They have been going to California for about seven years now. They are 17 and 13 years old and don't want to spend the whole summer there. Is there anything we can do to help them?

Corwin Kruse
Corwin Kruse
answered on Jul 3, 2023

It really depends on the facts of the case and how parenting time could be restructured. It is very possible that ending summered in California would reduce parenting time enough that the court would consider it a modification of custody, which would likely necessitate showing endangerment.... View More

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Are mom's automatically awarded sole physical and legal custody if the parents were never married in Minnesota.

The dad is on the birth certificate but there's never been anything that's gone to court and there is no arrangement. He also signed a piece of paper giving me more custody when I had to get medical assistance. My son is 10 now.

Corwin Kruse
Corwin Kruse
answered on Nov 1, 2022

If never married, and there is no adjudication of paternity, the mother has sole physical and legal custody. The father has no child support obligation and no right to parenting time, unless and until a court orders it.

1 Answer | Asked in Family Law for Minnesota on
Q: Ex wife wants to file a motion requesting I pay child support and claim child for taxes.

Volunteered/agreed to have child stay with her at her convenience and best interest instead of 50/50 as agreed upon in divorcé degree. Now wants me to pay child support. Have child live me for next two years and pay full support and back pay child support for past 2 years. I never failed or... View More

Corwin Kruse
Corwin Kruse
answered on Aug 3, 2023

Unless and until you stipulate (or the court orders) otherwise, the divorce decree governs. She cannot get additional back support and you cannot count voluntarily payment of expenses toward support.

1 Answer | Asked in Family Law for Minnesota on
Q: If I spend $ from a personal account to pay debt related to joint acct, will my personal account be considered comingled

I am expecting an inheritance. I intend to put this money into a personal account, with my name on it only. However, I intend to spend some of my inheritance to reduce my mortgage and/or pay off my Home Equity Line of Credit, which is jointly held by myself and my wife. If I do so, is any... View More

Corwin Kruse
Corwin Kruse
answered on Jul 17, 2023

If you can trace it and keep it in a separate account, it would not be considered commingled.

Unless you need to pay down the debt now, it may be beneficial to wait until after the divorce is finalized.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Clarification of parenting time on July 4th holiday since it is midweek

The parenting agreement says ‘4th of July and adjacent weekend (if midweek - Tuesday, Wednesday, Thursday - from 9a.m. to on 7/4 to 9 a.m. on the 5th). Since this year the 4th of July falls on a Tuesday, does it include an adjacent weekend or the midweek stipulation of 9am from the 4th to 9am on... View More

Corwin Kruse
Corwin Kruse
answered on Jun 29, 2023

It would be the midweek schedule. That is specifically differentiated from years when July 4 falls directly adjacent to a weekend.

1 Answer | Asked in Family Law and Tax Law for Minnesota on
Q: If I’m getting child support and I’m the only one caring for child is the other parent allowed to claim child on taxes
Corwin Kruse
Corwin Kruse
answered on Jul 23, 2022

If the issues is not addressed in the decree, IRS rules govern. The parent with the child the majority of the time gets to claim the child. If both parents have equal time, the parent with higher income claims.

1 Answer | Asked in Adoption, Child Custody and Family Law for Minnesota on
Q: Hello, I have been taking care of my nephew, every weekend, since his birth( he is 2.5). What could I do to legally

A guardian, his mother does not work, and really does not provide for him.

Corwin Kruse
Corwin Kruse
answered on Jul 14, 2022

You could bring a motion for custody as a de facto custodian, if you’ve cared for the child at least six months in the last 24 (need not be consecutive), however the statute also requires that you be the “primary” caregiver. If the child is with you on weekends and with mom during the week,... View More

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: If I have a court order with my kids mom Already in place stating that I get her every other weekend

If my kid's mother withholds her is that considered contempt of court My daughter is 11 is she allowed to choose whether she comes to my house or not

Corwin Kruse
Corwin Kruse
answered on Jun 22, 2022

It isn’t generally handles as a contempt issue at this point. You would bring a motion to enforce the decree. If she still withholds her, you could then seek contempt.

You can also ask that she be ordered to pay your attorney fees.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: can parent take minor out of state vacation without permission
Corwin Kruse
Corwin Kruse
answered on May 29, 2022

It depends upon the language of the Judgment and Decree. If it says nothing, you are generally free to take them. The Decree may still require you to notify the other person and provide contact information for everywhere you’re staying.

1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Q: Unmarried parent, the mom is going out of state on vacation and told dad he could take child for the time being.

Mom changed her mind last minute and is bringing her to grandmas house. Is the dad able to legally have that custody time if the mother is out of state for that week. There is no court ordered custody agreement.

Corwin Kruse
Corwin Kruse
answered on May 7, 2022

If there is no court-ordered custody or parenting time, dad has no legal rights to time with the child.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Can my daughter father take me to court to take my daughter out of state. And she don’t want to go anyway. She is 13

I have legal and sole custody of my daughter

Corwin Kruse
Corwin Kruse
answered on May 1, 2022

If he is adjudicated the father, generally yes.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: I need to know if I can walk off with my son.

I was never married assign the recognition of parentage a s with his mother child support has been established but yet she's making me go to someplace safe and pay to see my son she's mentally emotionally abusive my son is petrified of her puts me in jail as she lies to law every

Corwin Kruse
Corwin Kruse
answered on Apr 22, 2022

I am assuming that child support was formally established via a paternity order. Did the order also grant parenting time? That will control what you can and cannot do as well as how much time you have with the child.

If there is no paternity order (and child support is thus informal), you...
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1 Answer | Asked in Family Law for Minnesota on
Q: Are overnight parenting time visits allowed with infants under the age of 18 months under MN law?

Parents are considering divorce. Dad wants max parenting time. Child just turned 1. Would the courts allow the child to have overnights with dad at his new place while the child is still so young?

Corwin Kruse
Corwin Kruse
answered on Apr 15, 2022

There is no prohibition on such overnights, so they are allowed. The question is whether they are advisable.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: If my ex gets an ofp against me and I have 3 kids, does that mean I have custody and can move out of state? Unmarried

My ex and I broke up after he assaulted me and broke the order after being released from jail. He claims I destroyed his things and moved in with ex and got an order for protection against me. Can I move states with my kids legally? He has domestic abuse charges and drug and alcohol problems. He... View More

Corwin Kruse
Corwin Kruse
answered on Apr 15, 2022

Your info says you are in Indiana, so Minnesota law isn’t applicable.

That said, in MN, if he has court-ordered parenting time, you cannot move out of state without his agreement or court order.

1 Answer | Asked in Family Law for Minnesota on
Q: Paternity/recognition of parentage/2 possible fathers

If my boyfriend signs my son's birth certificate and the recognition of parentage could the other possible father of my son (who is in prison mind you) make me get a court ordered paternity test taking my boyfriends rights to my son away if the other guys test comes back that he's his... View More

Corwin Kruse
Corwin Kruse
answered on Apr 11, 2022

Yes, the other possible father could bring a paternity action. Signing the ROP is not a legal adjudication of paternity.

1 Answer | Asked in Family Law for Minnesota on
Q: My Father passed away years ago and left his assets to my 3 male siblings and his his new wife's 4 children. Total 8 kid

Can't get complete question in on prior page. Per father's Will all assets went to his surviving wife. His wife passed away and she has new will where all assets go to here 4 children, all sons on father's Will were removed. In short instead of assets being split between 8, now all... View More

Corwin Kruse
Corwin Kruse
answered on Jan 13, 2022

Yes. Only a spouse has a statutory right to inheritance.

1 Answer | Asked in Family Law for Minnesota on
Q: I have sole physical and legal custody of my daughter.

After mediation I'm required to let her father "schedule and facilitate" medical and dental appointments. We live 150 miles apart and it seems ridiculous that her primary care provider would be in his city, hours from where she lives. Since I have full custody I get to pick where she... View More

Corwin Kruse
Corwin Kruse
answered on Dec 8, 2021

Mediation is non-binding. Unless you signed an agreement that has been entered by the court, nothing has changed your ability to schedule such appointments on your own.

1 Answer | Asked in Family Law and Tax Law for Minnesota on
Q: In a custody case, will a judge ever deny one parents request for rights to claim the child on taxes every other year?

My ex and I have a now 9 year old daughter that he has had very little to do with. He has not made any attempts to see her in over two years. Last spring we had a very nasty dispute over taxes as I discovered he had been claiming her every year saying she lived with him half the time (lie). I had... View More

Corwin Kruse
Corwin Kruse
answered on Nov 11, 2021

It sounds as if you were never married. Was there any adjudication of paternity? If not, he has no right to claim her.

Going forward, the judge can award the exemption to you alone. Based on what you’ve said, that seems appropriate.

If the decree doesn’t address taxes, IRS...
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1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: How do I go about getting a new court order for visitation for my custody case? 1st Party refusing to cooperate.

The paternal grandmother of my daughter has custody right now. Over 2 years ago, the court granted me visitation, but she has refused, and/or made it very difficult. She has emotionally abused me and alienated my child from me for 2 years now. I am not allowed to talk to her, send her gifts, I got... View More

Corwin Kruse
Corwin Kruse
answered on Nov 2, 2021

You bring a motion in court asking that the parenting time schedule be modified.

2 Answers | Asked in Criminal Law and Family Law for Minnesota on
Q: In 2017 my ex convinced me to pay an extra $2,400/yr to cover 50% of our special needs son's summer camp.

I agreed to pay an additional $200 per month ($2,400 /yr) based on the cost of $4,800 per year for [our son's] special needs summer camp. However the invoices from [the special needs summer camp] were 2019: $3,600.00, 2020: $0.00, and 2021: $3,120.00 resulting in an over-payment of $3,840.... View More

Corwin Kruse
Corwin Kruse
answered on Oct 27, 2021

You are not obligated to pay anything not ordered by the court. If the agreement was voluntary, you can stop the payments at any time. You may also suggest that she use the overpayment to cover camp going forward.

I do family law, not criminal, so I cannot address that question.

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