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
  • 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.

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