Minneapolis, MN asked in Criminal Law and Domestic Violence for Minnesota

Q: Deprivation of Parental Rights. It has been 585 days since 3rd Party Custodian allowed Mother to see/speak to daughters

Order states, "Mother is free to contact her children by phone and social media" visitation is "contingent on child's desire to attend". 3rd party custodian tells the Judge my children "have no desire to attend". 3rd Party Custodian is daughter of our abuser, and always helped her father abuse us. CPS and witnesses testified that she physically and verbally assaulted Mom and children. She also had open CPS case for punching her baby in the face. The Judge ignored testimony and evidence that Mom had NO criminal history nor CPS involvement. Two OFPs were presented as evidence that Mother took steps to protect herself and her children from the Domestic Violence. Findings of Fact: judge based EVERY decision on blatant lies told by the abuser! He denied my request for OFP, wrote on denial, "serious questions arise to parental fitness of mother", then gave sole legal/physical custody to abuser's daughter. I paid $30 grand to lawyers, no change. What lawyer can help me file in criminal court?

1 Lawyer Answer
Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Only the prosecuting attorney can file a criminal charge in court. The exception is that police officers can tab charge misdemeanors and petty misdemeanors, subject to later review by the prosecuting attorney. Neither you nor a private attorney can file a criminal charge in court. You can make a complaint to police, and to the prosecutor; but then it's up to them to use their discretion on the next step. I can't speak to what further family law remedies you may have.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.