Saint Paul, MN asked in Divorce, Family Law and Child Custody for Minnesota

Q: My son's job takes him out of state as well as being local can he still get joint/full custody of his adopted daughter?

His wife claims she never loved him and only married him because she was going to try to make herself love him. They had a courthouse marriage to proceed with the adoption 2/16. She has mental health issues and suffers from PTSD although she acts bipolar and has told him he would not be granted any type of custody if he doesn't work only locally. No lawyers are involved yet. This just came up when he left for a 6 week job in GA a week ago.

1 Lawyer Answer

A: Divorce? The daughter-in-law sounds like quite the keeper! All jokes aside, the fact of the matter is that no attorney can predict the outcome of any case. In fact, we are prohibited from guaranteeing outcomes to our clients. With that being said, joint custody is the preference of the courts in Minnesota absent an exceptional circumstance. The fact that your son's job takes him out of state may have some bearing on the final custody order, as will many other factors. I know that you were likely seeking a more cut and dry answer, but this is the best that any attorney can provide you with as custody determinations are on a case-by-case basis. I hope this answer helps. I would never advise an individual facing a custody matter to go at it without an attorney - there is too much at stake.

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