Minneapolis, MN asked in Child Custody for Minnesota

Q: Does mother have full custody if no custody has been established?

My son is 9, his dad and I have never been married and never established custody through the court. He is on the birth certificate and we signed a ROP at birth. We have always agreed on a schedule. He has a past of abuse, anger issues etc to not only myself but others. I feel he is not acting in our son’s best interest and is traumatizing our son. He has harassed me, made threats but I have not taken them to the police as I’m scared say they’re “severe” enough. Example- threatening to kick down house door, bang on door, “you’ll be sorry”

I want full custody. He acts out of emotions and is affecting our son’s well being. Do I need to file for full custody? I was told not to because technically I have it and he has to file for parenting time. If so, how do I explain this to law enforcement when the police are called when he comes to my house or son’s school demanding I give him our son? I have expressed to him that I will be keeping our son until he goes to court- but he doesn’t agree

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1 Lawyer Answer

A: Who told you "not to because technically [you] have it and he has to file for parenting time."

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