If you have a court order for someone to pay child support, and it is not being paid in accordance with the order, then you can file a contempt action. If you don't have a court order and the other parent is not spending time with the child or providing any financial assistance, you can file... View More

You can file for divorce. And in that divorce you can fill out a parenting plan with the custody & visitation you would like the court to award the parties in said action. Or you can sit down with your spouse prior to filing, and see if you both can come up with a parenting plan you both... View More

The father does not have to have an order to pay support to file for child abandonment. Prior to having a court order, there is still a duty to pay support. And no, child abandonment actions can be for either parent. If the father has the child and the mother is not spending time with the child... View More

It's not up to a defendant to make it easy for the plaintiff to serve them. If they won't provide a home address then you may have to use other resources to locate that address such as a background check, private investigator, skip trace, etc. You could also try and determine their... View More

The facts you have stated are confusing as the mother always has sole legal and physical custody of a child until the father legitimizes, if the parties were not married when the child was born. Yet, if the mother lost custody, your facts don't state who has custody for there to be any issue... View More

If he filed for legitimation you should hire an attorney. But he can file the action and ask for some form of custody and/or visitation. You can bring up his unwillingness to exercise visitation in the past before the court. But there’s nothing you can do about his refusing visitation right... View More

If she becomes voluntarily unemployed there is no way to say how that will impact her custody or the fathers visitation. Her loss of income could cause the other party to take her back to court and ask for a change of custody. No longer having the financial capability to support the child could... View More

If you were not married when the child was born and have not legitimized, then the father has no rights. The mother can take the child anywhere she wants and the father cannot stop her. Only when the father files to legitimize and has the mother served, will that prevent the mother from taking... View More

If you are married you should file for divorce if you want some form of custody and/or visitation. If you’re not married you will need to legitimize. But it’s unclear how she can threaten to take custody unless you are the parent who has custody right now. And if that’s the case, then... View More

If the father has never legitimized the minor child, you can voluntarily sign guardianship papers. Then you will need to follow the process to make the paperwork legal. It's best that you and the guardian speak with an attorney and have them draft the paperwork for you. They can also file... View More

I would advise you to hire an attorney to represent you in this situation. Because an attorney can draft the proper documents and file them with the court. An attorney can also speak to the Department of Family & Children's Services on your behalf, which will make the process go much... View More

If they were ordered to pay your attorneys fees then that means you have an attorney. Speak with your attorney about sending them a letter if the deadline has passed. Your attorney can then take the necessary steps if they don't respond with collecting. But your attorney is still on this... View More

You can obviously make any allegations you want, the same as she. Whether the court will consider those allegations cruel treatment is up to the judge. At this point since you have completed some form of discovery, I would focus on preparing for trial. And if you can't hire an attorney, the... View More

If you know that he's in MN and you have been in any contact with him, you can arrange a meeting and then have him served by private process server. If you are unable to arrange a meeting or obtain a location for service, you can attempt service by publication. There are steps you have to... View More

In a divorce the court can determine on a temporary basis which party is responsible for what expenses until they can make a final determination. You would have to file for divorce, file a motion for temporary relief, and have a hearing. Then you can let the court know what household expenses... View More

Understanding that you have no minor children, you will not need a parenting plan, child support worksheet, or child support addendum. If your county does not have forms online for an uncontested divorce, you can either go to the superior court in your county (because you file in superior court,... View More

You said that the children were left with you, but it is unclear whether there was an order awarding you custody or guardianship. I think you should speak directly with an attorney so you can provide more details about what rights you have to the minor children, then that attorney can determine... View More

You have a right to be in your child's life. If the mother is denying you access to the child and you all were never married, you need to file an action to legitimize. In that action you can petition the court for joint legal custody & visitation. You can ask the court to allow you... View More

If you want the courts intervention before the father's next scheduled visit, you will have to immediately file for a modification an have the father served. Then ask the court for an emergency hearing and in that request it will have to specify the reasons for the urgency. If not, you will... View More

The answer is it depends. You can sign a settlement agreement, if you all agree, outlining which assets each party is being awarded and which debts each party is going to be responsible for, upon final judgment and decree of divorce. At that point any debts on credit cards, loans, or things he... View More