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Minnesota Child Custody Questions & Answers
0 Answers | Asked in Child Custody for Minnesota on
Q: Can a parent force their child to go to their house, even when they don’t want?

In the divorce decree it states that the child is with one parent one week with the other parent the next week. If that child age 15 has decided that they do not want to go back-and-forth every other week. Can the one parent that they are not staying with most time force the child to go to their... Read more »

0 Answers | Asked in Child Custody, Child Support and Civil Litigation for Minnesota on
Q: Can a parent can be legally required to transport a child to the other parents house due to lack of transportation

Dad can make time to transport child to mom's house when child very dislikes dads house

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Are mom's automatically awarded sole physical and legal custody if the parents were never married in Minnesota.

The dad is on the birth certificate but there's never been anything that's gone to court and there is no arrangement. He also signed a piece of paper giving me more custody when I had to get medical assistance. My son is 10 now.

Corwin Kruse
Corwin Kruse
answered on Nov 1, 2022

If never married, and there is no adjudication of paternity, the mother has sole physical and legal custody. The father has no child support obligation and no right to parenting time, unless and until a court orders it.

1 Answer | Asked in Adoption, Child Custody and Family Law for Minnesota on
Q: Hello, I have been taking care of my nephew, every weekend, since his birth( he is 2.5). What could I do to legally

A guardian, his mother does not work, and really does not provide for him.

Corwin Kruse
Corwin Kruse
answered on Jul 14, 2022

You could bring a motion for custody as a de facto custodian, if you’ve cared for the child at least six months in the last 24 (need not be consecutive), however the statute also requires that you be the “primary” caregiver. If the child is with you on weekends and with mom during the week,... Read more »

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: If I have a court order with my kids mom Already in place stating that I get her every other weekend

If my kid's mother withholds her is that considered contempt of court My daughter is 11 is she allowed to choose whether she comes to my house or not

Corwin Kruse
Corwin Kruse
answered on Jun 22, 2022

It isn’t generally handles as a contempt issue at this point. You would bring a motion to enforce the decree. If she still withholds her, you could then seek contempt.

You can also ask that she be ordered to pay your attorney fees.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: can parent take minor out of state vacation without permission
Corwin Kruse
Corwin Kruse
answered on May 29, 2022

It depends upon the language of the Judgment and Decree. If it says nothing, you are generally free to take them. The Decree may still require you to notify the other person and provide contact information for everywhere you’re staying.

1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Minnesota on
Q: I am a victim of an emotionally abusive and cruel wife, and i live in minnesota. She is currently out of the house

She has gaslighted me, attempted AND succeeded to ruin my reputation, my career, and has used knowledge of very personal matters (like past sexual and physical abuse) against me and even took my kids and dogs to my abusers house 4 weeks ago (my parents) and told them all of my secrets. I asked her... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 16, 2022

There isn’t reality a cogent question here. But it seems to me that the place to start is by reaching out to some family law attorneys about pursuing a divorce here.

1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Q: Unmarried parent, the mom is going out of state on vacation and told dad he could take child for the time being.

Mom changed her mind last minute and is bringing her to grandmas house. Is the dad able to legally have that custody time if the mother is out of state for that week. There is no court ordered custody agreement.

Corwin Kruse
Corwin Kruse
answered on May 7, 2022

If there is no court-ordered custody or parenting time, dad has no legal rights to time with the child.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Can my daughter father take me to court to take my daughter out of state. And she don’t want to go anyway. She is 13

I have legal and sole custody of my daughter

Corwin Kruse
Corwin Kruse
answered on May 1, 2022

If he is adjudicated the father, generally yes.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: I need to know if I can walk off with my son.

I was never married assign the recognition of parentage a s with his mother child support has been established but yet she's making me go to someplace safe and pay to see my son she's mentally emotionally abusive my son is petrified of her puts me in jail as she lies to law every

Corwin Kruse
Corwin Kruse
answered on Apr 22, 2022

I am assuming that child support was formally established via a paternity order. Did the order also grant parenting time? That will control what you can and cannot do as well as how much time you have with the child.

If there is no paternity order (and child support is thus informal), you...
Read more »

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: If my ex gets an ofp against me and I have 3 kids, does that mean I have custody and can move out of state? Unmarried

My ex and I broke up after he assaulted me and broke the order after being released from jail. He claims I destroyed his things and moved in with ex and got an order for protection against me. Can I move states with my kids legally? He has domestic abuse charges and drug and alcohol problems. He... Read more »

Corwin Kruse
Corwin Kruse
answered on Apr 15, 2022

Your info says you are in Indiana, so Minnesota law isn’t applicable.

That said, in MN, if he has court-ordered parenting time, you cannot move out of state without his agreement or court order.

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: How do I go about getting a new court order for visitation for my custody case? 1st Party refusing to cooperate.

The paternal grandmother of my daughter has custody right now. Over 2 years ago, the court granted me visitation, but she has refused, and/or made it very difficult. She has emotionally abused me and alienated my child from me for 2 years now. I am not allowed to talk to her, send her gifts, I got... Read more »

Corwin Kruse
Corwin Kruse
answered on Nov 2, 2021

You bring a motion in court asking that the parenting time schedule be modified.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Minnesota on
Q: Is it possible to have a judge dismiss an ofp as evidence in a child custody case.

Currently going for custody of my daughter, the mother had an ofp against me through out her pregnancy citing that I abused her on ONE occasion, she filed the ofp at least a month after the alleged abuse and the police were never called.

To my understanding everything she said in the ofp... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 19, 2021

The short answer is no. I’m not sure which attorneys told you that you shouldn’t hire a lawyer for the OFP hearing, but that wasn’t good advice. There is no way to unring the bell and have the judge ignore that a different judge made a finding that there was domestic abuse.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Why can my ex have his girlfriend & her kids with on my kids supervised visits with their dad when they don’t want them

From the start my kids have not wanted dads gf and kids with on their supervised visits, but he Dosent care or acknowledge their feelings/wants. Situations keep happening & things keep getting worse and he will not remove the problem for the sake of his kids. What else can I do for my kids?

Corwin Kruse
Corwin Kruse
answered on Sep 25, 2021

It depends upon what restrictions are put in his parenting time in the divorce decree. If it doesn’t prohibit his GF and kids, he can bring them unless you bring a motion to modify and can demonstrate that a prohibition is in your kids’ best interests.

1 Answer | Asked in Family Law, Child Custody and Child Support for Minnesota on
Q: My ex and I were never married and we both want to do 50/50 with our two kids.

She has them on her medical insurance and I pay the daycare. We are still currently living together but I’m looking at moving out but in the same town so that the convenience for her if she needs help with anything and for the kids. I just want to know how we’d go about making an agreement or... Read more »

Corwin Kruse
Corwin Kruse
answered on Jun 2, 2021

You can jointly petition the court to establish custody, parenting time, and child support. If paternity has not been adjudicated, you need to include that in your petition.

Daycare is one element of child support, as is insurance, and would be divided between you. You can get a...
Read more »

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Other parent always late, is it ok when I do this?...

I have a question regarding a custody agreement. It's joint physical joint legal. Custody order exchange on Sundays at 11:00 a.m. however the mother is habitually late all the time and has recently even missed her scheduled Holidays. Makeup days as written in custody order must be mutually... Read more »

William Bailey
William Bailey
answered on Jan 4, 2021

You should review your custody agreement with an attorney. They will be able to accurately advise you.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: After how long if a china case is closed can you still persue a lawsuit
William Bailey
William Bailey
answered on Nov 24, 2020

I think your post has at least one typo in it which makes it difficult to understand and impossible to answer. Try posting again.

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: Is judge allow to deny proof of evidence of supporting arguments ?

My fiancé is having problems with the mother of his child with custody she hasn’t follow any court orders and refusing to give him his parenting time but he has proof of it judge doesn’t allow him to present it in court .

William Bailey
William Bailey
answered on Nov 25, 2020

There could be an issue with the way he is attempting to present the evidence. Courts have specific rules about how evidence can be entered into the record. He should hire an attorney to assist because attorneys know those rules.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Can I use video/audio that my step son recorded of his mother and her boyfriend fighting as evidence in court?

My 11 year old step son has sent his dad and I an audio recording of his mom and her boyfriend fighting (video really but it is in his pocket so only audio is usable). They break several court orders from past custody disputes. When we asked him why he recorded this he said he wanted to make sure... Read more »

Lucas Wynne
Lucas Wynne
answered on Oct 14, 2020

This question is very hypothetical. You can use any evidence in court that you can get in over objections.

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