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Minnesota Family Law Questions & Answers
0 Answers | Asked in Family Law for Minnesota on
Q: How to fight an EX using Deprivation through the color of law

My daughter was having trouble at Her work.She was getting sick and felt people at work was causing this.

Her EX and lawyer took advantage of this to try to gain custody of children.She doesnt drink,smoke,do drugs or run around with men.She quit her job and got 2 more jobs.How do you fight... Read more »

0 Answers | Asked in Family Law and Child Custody for Minnesota on
Q: How does My daughter fight an EX who is using Deprivation through the color of Law to try and gain full custody of child

My daughter had a situation at work where She thought Her work was trying to harm Her.Her EX is using this to try and gain

custody of the 3 children.She never involved the Children with Her work issues.She quit the job found 2 other jobs and moved into a

new apartment.It appears... Read more »

0 Answers | Asked in Criminal Law, Divorce, Family Law and Personal Injury for Minnesota on
Q: Domestic abuse claim was dismissed by verbal agreement with ex's lawyer to move to divorce. Defaulted, petition changed.

Multiple times before divorce entered. Unfair division of property and debt. Ex got 100% physical 50%legal custody of 4 kids. Ex had job and was in charge of finances. I was stay at home parent. No spousal maintenance. Drained joint bank account and closed. Ex played victim got away with... Read more »

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 Family Law and Tax Law for Minnesota on
Q: If I’m getting child support and I’m the only one caring for child is the other parent allowed to claim child on taxes
Corwin Kruse
Corwin Kruse
answered on Jul 23, 2022

If the issues is not addressed in the decree, IRS rules govern. The parent with the child the majority of the time gets to claim the child. If both parents have equal time, the parent with higher income claims.

1 Answer | Asked in Family Law and Health Care Law for Minnesota on
Q: My mother , ssi income, is being taken to court by a nursing home where my father stayed .

We have records showing they were paid by insurance co. As well as other extenuating issues. I think she should have someone helping her with this but she’s on a very limited income.

Tim Akpinar
Tim Akpinar
answered on Aug 7, 2022

A Minnesota attorney could advise best, but your question remains open for three weeks. One option here could be to look into whether pro bono or legal aid resources could assist here, due to your mother's financial hardship. You could also check with the Minnesota Bar Association. You could... Read more »

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.

2 Answers | Asked in Criminal Law and Family Law for Minnesota on
Q: Does a DANCO order supersede a divorce decree when it comes to transfer of children.

For example. Mother had protection order from the Father. In the divorce decree they agree to a mutual transfer of the children in a public place. Before the divorce decree was final the Father was facing charges of violation of the protection order and the Judge put a DANCO on him pending... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on May 20, 2022

Basically, yes. Typically the DANCO would be both more specific and more recent. If there is a conflict between a family court order and a DANCO, it would be a good idea to either follow the more restrictive of the two, presumably the DANCO; or and until bring a motion before the judge in the... Read more »

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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 for Minnesota on
Q: Are overnight parenting time visits allowed with infants under the age of 18 months under MN law?

Parents are considering divorce. Dad wants max parenting time. Child just turned 1. Would the courts allow the child to have overnights with dad at his new place while the child is still so young?

Corwin Kruse
Corwin Kruse
answered on Apr 15, 2022

There is no prohibition on such overnights, so they are allowed. The question is whether they are advisable.

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 Family Law for Minnesota on
Q: Paternity/recognition of parentage/2 possible fathers

If my boyfriend signs my son's birth certificate and the recognition of parentage could the other possible father of my son (who is in prison mind you) make me get a court ordered paternity test taking my boyfriends rights to my son away if the other guys test comes back that he's his... Read more »

Corwin Kruse
Corwin Kruse
answered on Apr 11, 2022

Yes, the other possible father could bring a paternity action. Signing the ROP is not a legal adjudication of paternity.

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Juvenile Law for Minnesota on
Q: I’m 17 and my sister 19 and we just got into a fight. I’m in my first trimester and she doesn’t know that. Who’s wrong

We were in the street I got dragged out. She hit me first and defended myself. I’m very petite and I’m sister is strong and bigger and has the upperhand. She got a bump on her head i got scratch marks on my side and knee. My hair was pulled and I had stuff in the car I couldn’t get to, the... Read more »

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

You certainly have a legal right to defend yourself and your unborn child. It seems like you might have some exposure of being charged with a 5th Degree Assault. That is a misdemeanor unless you have prior assault convictions. You need an attorney. You should either hire a private attorney or... Read more »

1 Answer | Asked in Family Law for Minnesota on
Q: My Father passed away years ago and left his assets to my 3 male siblings and his his new wife's 4 children. Total 8 kid

Can't get complete question in on prior page. Per father's Will all assets went to his surviving wife. His wife passed away and she has new will where all assets go to here 4 children, all sons on father's Will were removed. In short instead of assets being split between 8, now all... Read more »

Corwin Kruse
Corwin Kruse
answered on Jan 13, 2022

Yes. Only a spouse has a statutory right to inheritance.

1 Answer | Asked in Appeals / Appellate Law, Family Law and Juvenile Law for Minnesota on
Q: Should I file and appeal on a judges ruling regarding the name change of a minor when recipient was not served properly?

The mother of my bfs daughter has been trying to change the last name of his 3yo daughter to her new married name. He first received a letter in the mail regarding this motion in Sept. The letter only indicated the time, date, and virtual hearing link. It was in Oct 2021 and he showed up to find... Read more »

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Dec 16, 2021

Perhaps an appeal would be proper

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