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Questions Answered by Roger Adams
1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: I’m trying to get custody of my brother once I turn 18 because my mother is very unstable. I need to know the steps.

She was just in jail for Meth, Running from law, Hiding a fugitive and driving when she doesn’t have a license. We live in MN. Her probation officer said that it was best for her to come out but everyone else I talk to disagrees. If we talk more I can give more details but I need to know how to... Read more »

Roger Adams
Roger Adams answered on May 2, 2020

I would be more than happy to speak with you, as would many of the attorneys on this site. You need some help to get this done. This is difficult situation. When do you turn 18? Are you currently emancipated? Those would be good first steps. Do you think your mother would agree to you... Read more »

1 Answer | Asked in Family Law for Minnesota on
Q: Do I have a legal right to see my niece? Is there a way to get some sort of court order protecting my right

I have a younger "brother". He is my cousin but was legally adopted my parents when he was 16 years old. He has a child with a woman, who he is not/ was never married to. He may be seeking his visitation, I do not know what he is doing.

As the legal "aunt" is there a... Read more »

Roger Adams
Roger Adams answered on May 2, 2020

As the Aunt it would be very difficult to get visitation awarded. The court takes into consideration certain family relationships where the child has more of a parental relationship with say an aunt or a grandparent, but even then it is usually denied by the court. The best option is to try and... Read more »

2 Answers | Asked in Family Law for Minnesota on
Q: Can I temporarily suspend visits without getting an emergency order during corona virus?

Child has respiratory issues. Other parent and I made agreement at both households only people who live there would be around our children during social distancing and stay at home order due to corona virus. Other parent has broken our text agreement twice now and one time even had a party with... Read more »

Roger Adams
Roger Adams answered on Apr 30, 2020

This is a difficult situation. I attended a seminar with Civil judges and they stated how backed up the court is in regards to family law related issues. Judges are putting criminal cases at the top of the calendar. They are beginning to open the court virtual hearings but getting an emergency... Read more »

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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Mom has harrassment order on me but not reliefed to my son.she is using it as a tool.. I have joint legal and physical.

I am pretty sure he is at her parents right now.. so can I go there with current custody order I'll have sherriff meet me there to assist.. and take him for a day or 2 as long as she is not there.

She out this harrassment protection order on me to keep me from seeing him and then filed... Read more »

Roger Adams
Roger Adams answered on Apr 30, 2020

Child custody can be very difficult deal with. The most important thing you could do is seek an family law attorney. An attorney can petition the court in regards to your protective order. If you are unrepresented, the first step is to find a lawyer to help.

1 Answer | Asked in Adoption, Domestic Violence and Family Law for Minnesota on
Q: Can I get emancipated at 16 if I’m emotionally and verbally abused by both sides of parents?

My step dad goes into blind rages and verbally and emotionally abused me and kicks me and my siblings out of the house, when I leave the house because I don’t feel safe which is legal in Minnesota they threaten to take away everything like my phone and car to get me to come back to where I... Read more »

Roger Adams
Roger Adams answered on Apr 30, 2020

First let me say how sorry I am for this difficult situation you are in, and you should seek assistance. As far as emancipation, Minnesota Statutes do not provide either the grounds or a procedure for emancipation. Minnesota case law has established that a minor can be emancipated by a legal... Read more »

1 Answer | Asked in Adoption and Family Law for Minnesota on
Q: Can I get adopted after being emancipated?

I want to get emancipated because of failure to parent, can I get adopted by someone else, or is there a different process to that?

Roger Adams
Roger Adams answered on Apr 30, 2020

Yes. You are legally considered to be an adult, however Minnesota law is clear:

259.241 ADULT ADOPTION.

(a) Any adult person may be adopted, regardless of the adult person's residence. A resident of Minnesota may petition the court of record having jurisdiction of adoption...
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