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Minnesota Family Law Questions & Answers
0 Answers | Asked in Family Law and Child Custody for Minnesota on
Q: Will a mother go to jail if a breast fed baby tests positive for cocaine

The mother used it a few times and hasnt used it in 2 months and a test was done recently and showed super high levels in the babies system and the father (who has 0 percent custody) is using it as blackmail to keep the child and telling her she cant do certain things or he will turn it in to the... View More

0 Answers | Asked in Family Law and Child Custody for Minnesota on
Q: How can I make my ex wife release our children’s passports to me?

We have joint custody, but I retain primary custody. I paid for one of the two passports, but she will not send them with our children so we can take a vacation.

1 Answer | Asked in Estate Planning, Family Law and Probate for Minnesota on
Q: If there is no will and the children take the assets but can't afford burial. Who pays for it?

Kids are 21 & 19 and live out of state.

Robert Kane
Robert Kane
answered on Oct 25, 2024

The next of kin will be responsible for the body, regardless of their location.

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: If I have full physical custody of my children, what do I need to do to move out of state
John E. Roach
John E. Roach
answered on Oct 18, 2024

This largely depends on two things: whether or not the other parent has court-ordered parenting time, and if so, whether or not the other parent agrees to the move out of state. If the non-moving parent has court ordered parenting time, it is usually required that the parent seeking to move file a... View More

2 Answers | Asked in Child Custody, Divorce and Family Law for Minnesota on
Q: Had court today 4 a motion 4 modification of an OFP. None of us were sworn in under oath. Was this a legal court case?
Robert Kane
Robert Kane
answered on Oct 1, 2024

If you were representing yourself, you don't get sworn as if you were as witness.

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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: I am not married to the mother of my 2 children in MN. What do I need to do to have my rights?

I am not on my older child's birth certificate, but I am on my youngest. She is threatening to leave the state.

Robert Kane
Robert Kane
answered on Sep 29, 2024

It seems you will need to establish paternity as to the oldest and get a custody order as to both. Take care. Rob Kane. Minnesota Family Law Attorney. You can get the help of a limited-scope lawyer, which means that the lawyer helps you as a coach or advisor, and you still represent yourself, or... View More

1 Answer | Asked in Family Law and Domestic Violence for Minnesota on
Q: After court I noticed that the DANCO order stated that I can’t trespass to my own home

After court proceedings were over I noticed that the DANCO ordered that I can not trespass to my own home. This was not brought up in court. I have a disabled child that needs to be home and court is still weeks away. I called everywhere with no answers. The pub def said she’d work on it but has... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 25, 2024

No, you cannot just show up to court and talk to the judge. There is a process that this would need to go through to modify the DANCO to allow you to go home. Modification would require a formal motion that would be served on the prosecutor and might also require an actual court hearing. Until... View More

1 Answer | Asked in Immigration Law, Family Law, Personal Injury and Domestic Violence for Minnesota on
Q: Hello! I have a J2 visa - my husband kicked me out of the house.

Hello! I have a J2 visa - my husband kicked me out of the house. He is a narcissist, he was a psychological terror for almost 2 years, I am sure he cheated on me too. I work and I am fine. But I would like to know what I can do to stay here legally and disassociate myself from him.

James L. Arrasmith
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answered on Sep 18, 2024

I'm sorry to hear about your situation. If you're on a J2 visa, your legal status is tied to your husband's J1 visa. However, you may have options to remain in the U.S. independently. You could consider applying for a change of status, such as an adjustment to a work visa or student... View More

1 Answer | Asked in Family Law and Domestic Violence for Minnesota on
Q: My ex filled a hro on me and she won't leave me alone keeps texting and calling me to get me to tlk

Talk to her she lied to get the hro on me saying I followed her and her child .but she has not had her son for 5 years she took and sold every thing in my home and I don't know what to do

Robert Kane
Robert Kane
answered on Aug 21, 2024

Your ex what? Wife? Girlfriend? Why can't you just block her? How did she take and sell everything in your home? So many questions. An attorney may evaluate your situation if you are planning on hiring one.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: My son's wife just gave him divorce papers, does he have to move out right away?

He is going for full legal and physical custody of their 3 !/2 year old son because he was and is the primary caretaker. She is threatening him that if he goes away for the weekend with their son, she can make a case against him because they will be staying with us. (The grandparents, his mom and... View More

Robert Kane
Robert Kane
answered on Aug 16, 2024

This seems to be a tense situation. If your son's wife just gave him divorce papers, he does not have to move out right away, but maybe it's better if he does. I don't know what type of case she thinks she can make, but taking a child to his grandparents' house doesn't seem threatening.

1 Answer | Asked in Family Law for Minnesota on
Q: Can I be removed from a car loan as co owner

It is a vehicle that I co own with my ex husband who I do not talk to because he is abusive

Robert Kane
Robert Kane
answered on Aug 15, 2024

You can be removed from a car loan as co-owner. Most likely, the other owner will need to refinance the vehicle. The loan company is not going to allow you to walk away.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Minnesota on
Q: I'm just starting my divorce and moving to a new residence close to my current one.

Do I have to disclose my move to the judge and my soon to be ex before I'm moved into my new residence before the divorce is finalized?

Robert Kane
Robert Kane
answered on Aug 13, 2024

The court and other party need to be promptly informed of your change of address.

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Minnesota on
Q: Desperately needing help to contest an erroneous divorce judgment & pursue a domestic abuse case.

1) My wife was physically & emotionally abusive with me for several years—especially from Spring ‘20 until she walked out in Nov. ‘22. Her abuse caused damage to a hip I had replaced in ‘19 & has left me dealing with the joys of complex PTSD. I was a scared, emotional wreck &... View More

Robert Kane
Robert Kane
answered on Aug 9, 2024

Unfortunately, it seems you are in a very difficult position. I apologize, but I am not sure what guidance can be given on a free online Q and A. Trying to set aside the default judgment may be an option if it wasn’t that long ago. If she left you in '22, an OFP seems untimely, unless the... View More

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: I'm in a situation where im uncomfortable with my parents, is it legal to stay at another house for safety without per.?

I am safe but sometimes question that statement for my mental health and do feel uncomfortable around some of my parents. They have told me im fine and will not give permission for me to stay with someone. I feel like I need out of the house for a tinny bit for safety and to feel comfortable again.... View More

Robert Kane
Robert Kane
answered on Jul 18, 2024

If you are a minor, you parents are in control. If you are being abused reach out trusted authority figures.

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: How to file charges for depriving custody
Robert Kane
Robert Kane
answered on Jul 16, 2024

Citizens report the incident to law enforcement, law enforcement conducts an investigation (if appropriate), prosecutors decide if criminal charges are to be filed. In most cases, family court is where these situations are addressed not criminal court.

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: I am still on the mortgage that my X lives in after 15 years being divorced. This has caused me alot of emotional stres

Hard getting into a place when i show obligation to mortgage in a house i dont live.

I've lived with my kids, my sister etc. Is he in contempt of court ? can i sue him ? What can I do

Robert Kane
Robert Kane
answered on Jul 6, 2024

I have no doubt it is stressful. That is why I and other attorneys try to ensure everything is final (or easily finalized) when the judgment is signed. Did you have an attorney 15 years ago?

Obviously, you can try to convince him to take you off the mortgage yourself. You could hire an...
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1 Answer | Asked in Divorce, Family Law, Real Estate Law and Domestic Violence for Minnesota on
Q: I need a lawyer for custody/divorce. Legal aid has refused to help. Can't afford private. Can the court appoint?

I am self-representing because I can't get a lawyer and it is not a criminal matter so not entitled to one. Can I submit a motion requesting the court to appoint me a lawyer since he is pushing this to trial? What steps do I need to take to create/submit a motion? Dakota County MN for court... View More

Robert Kane
Robert Kane
answered on Jul 4, 2024

In most civil cases, you do not have the right to a court-appointed attorney. This includes dissolution (divorce), custody/parenting time, and child support cases. In these cases you have the option to hire a private attorney. Some organizations use a sliding scale to charge for legal services... View More

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: Can a mom with 50/50 agreed custody voluntarily admit themselves to a residential treatment center lose custody rights?

Jackie has no criminal record. Jackie voluntarily decided to seek help at a 30-day residential program in her internal concern for misuse of alcohol. Jackie’s ex husband is emotionally abusive. After Jackie expressed her desire for a treatment program Jackie’s ex seemed to be fully supportive... View More

Robert Kane
Robert Kane
answered on Jul 5, 2024

If proper arrangements were made and it was successfully completed, it seems unlikely a mom with 50/50 (who agreed to custody voluntarily) and admit themselves to a residential treatment center would lose custody rights. She has several options when the other parent isn’t following a court order,... View More

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: If my husband owned a business during our marriage do I have any claims to it
Robert Kane
Robert Kane
answered on Jun 3, 2024

Perhaps or perhaps not. It depends on numerous and various factors. The business could very well be martial property or it could be separate property depending on the situation. I apologize, but the fact your husband owned a business during your marriage is only the first thing to consider.... View More

1 Answer | Asked in Family Law for Minnesota on
Q: If the last living parent of a minor want to voluntarily give up parental rights to the minor older siblings with out

having to go through the court system how would she go about it? The child reside in CA and the siblings are in MN. Would the siblings need to get a lawyer from MN or CA? Is a lawyer needed if she voluntarily give up her parental right? What kind of documents would be needed? The minor do receive... View More

Robert Kane
Robert Kane
answered on May 7, 2024

Termination of parental rights would require a court proceeding. If the child resides in California, California would have jurisdiction. A judge would probably need the mother to consult with a lawyer before granting her request. The child would most likely be appointed an attorney (or guardian ad... View More

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