Minneapolis, MN asked in Family Law and Appeals / Appellate Law for Minnesota

Q: How can a Judge decide a biological parent was a 'de facto custodian'?

Is there any way to appeal or overturn the original court order from 2017?

1 Lawyer Answer
Charles William Michaels
Charles William Michaels
PREMIUM
Answered
  • Appeals & Appellate Lawyer
  • Baltimore, MD

A: I do not have the information about the case to give a definitive answer. However, a judge can after a review of all the evidence and testimony decide that parent (biological or not) is the de facto custodian of a child. Since the court order was in 2017, the appeal period has passed, although an interested party can file a petition with the trial court alleging a material change in circumstances since the 2017 order was issued--if that can be proved.

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.