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Minnesota Family Law Questions & Answers
0 Answers | Asked in Child Custody and Family Law for Minnesota on
Q: What are my legal options to prevent my ex from moving to another state without consent?

I have 50/50 legal and joint custody with my ex, who resides in Minnesota, while I am located in Michigan. I've discovered from a family member that my ex and his wife are planning to relocate to another state without notification. I am concerned because they intend to move into my... View More

2 Answers | Asked in Family Law for Minnesota on
Q: How can I find out which documents are needed to reinstate parental rights?

I am trying to reinstate my parental rights but was denied because my application was incomplete. I filed something incorrectly or missed certain documents. Unfortunately, I have not received clear information on which documents are missing or needed. How can I find out which documents are required... View More

Robert Kane
Robert Kane
answered on Mar 12, 2025

Quite simply you will need to devote your time and efforts at the law library to find out which documents are needed to reinstate your parental rights or hire an attorney. These petitions are not just a few fillable forms with a checklist. I apologize for being blunt.... View More

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0 Answers | Asked in Family Law for Minnesota on
Q: My mom took my gifted phone, how can I get it back in Minnesota?

I received a phone as a gift from my dad, but my mom took it away and won't give it back. My parents are not divorced, and there are no custody or legal agreements affecting the phone. The phone is not under any name for a contract. What can I do to get the phone back in Minnesota?

1 Answer | Asked in Divorce, Domestic Violence, Family Law and Civil Rights for Minnesota on
Q: What steps should I take to secure documents and handle my husband's actions amid trust issues?

I am a stay-at-home mom currently staying at my parents' house with my 10-month-old twin girls. I am considering divorcing my husband due to serious trust issues. He has secretly recorded me during arguments and installed a hidden camera in our bathroom vent without informing me. He won't... View More

Robert Kane
Robert Kane
answered on Feb 28, 2025

Quite simply, hire an attorney immediately. If he can afford and attorney, he should help you if you need help. Ask his attorney for the documents. My best to you and your daughters. Rob Kane Minnesota Family Law Attorney Eagan Lawyer.

0 Answers | Asked in Animal / Dog Law and Family Law for Minnesota on
Q: What are my legal rights to keep custody of our cats after 5 months of sole care post-breakup?

I have been caring for our jointly acquired cats on my own for the past 5 months after my ex-partner and I broke up. Although we both financially contributed to their care historically, I have been solely supporting them recently. We do not have any formal agreement about their custody, but I... View More

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: How can I regain custody of my kids amid multi-state concerns? (MN, IA, SD)

I recently moved to South Dakota after fulfilling my legal obligations, upon hearing that my mother, who has custody of my children, was diagnosed with cancer. I originally lived in Minnesota, where my son's initial court hearings were held, and my daughter's court proceedings took place... View More

Robert Kane
Robert Kane
answered on Feb 25, 2025

Initially, you will need to determine which state has the case now and what the current orders are. You provide many details, but the orders are controlling.

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: How to file for divorce with kids without support in MN?

I am seeking assistance with filing for a divorce with children in Minnesota. My spouse and I agree on the divorce, and I do not seek any support from him. We have been married for four years. There are no custody agreements in place; we have an informal arrangement where he sees the kids whenever... View More

Robert Kane
Robert Kane
answered on Feb 22, 2025

Here is a great place to begin learning about the process. My best regards. Eagan Family Law Attorney Rob Kane Lawyer Minnesota.

https://www.mncourts.gov/Help-Topics/Divorce.aspx

1 Answer | Asked in Family Law for Minnesota on
Q: If I failed to go to mediation but never misses a court date and I was labeled default s ok lost my rights got nothing

She got name change and 100 % sole and o physical custody is that legal

Robert Kane
Robert Kane
answered on Feb 6, 2025

A default judgment would not be appropriate if you were fully engaged in the process.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: if non custodial parent moved to NC , and he still shares legal custody can he prevent me from also moving out of state

He was given visitation every other weekend. He has never utilized that, as he moved in 2021 to North Carolina. I now want to move out of state (oklahoma) from MN, and he has issues with me moving. I am moving to better my financial situation with my 12-year-old and me. The orig. Visitation has... View More

Robert Kane
Robert Kane
answered on Feb 3, 2025

Based on the facts in this post, it seems unlikely he could prevent her from moving. He may, however, state facts that are not included here. The judge will take everything into consideration in determining what is in the best interest of the child. Rob Kane Eagan Minnesota Family Law Attorney... View More

1 Answer | Asked in Family Law and Real Estate Law for Minnesota on
Q: Who has more claim to a house my girlfriend and I bought together in Minnesota. We were never married.

We have owned the house for just over 10 years. I have made every house payment. For the first 7 years I paid the electric bill. She has been paying the electric bill for the last 3 years and I plan on taking it over next month. She has helped pay for 1 room in the house to be remodeled and for... View More

Robert Kane
Robert Kane
answered on Jan 30, 2025

Initially, you would have identical claims to the house. Unless you can agree to a reasonable split, a partition action would be needed. Partitions are addressed in Chapter 558 of Minnesota Statutes. Rob Kane Eagan Family Law Attorney Minnesota.

1 Answer | Asked in Family Law, Child Custody and Child Support for Minnesota on
Q: If I ask someone to stop calling me and they keep calling is it against the law?
Robert Kane
Robert Kane
answered on Jan 23, 2025

It depends who it is?

2 Answers | Asked in Family Law for Minnesota on
Q: My dad Kicked me out because he said he would call the cops on me if I didn't, can I get emancipated for this? I'm 16

A day ago me and my dad got into an argument after having tension between us for about a month now, in which he threatened to call the cops on me if I didn't leave which forced me to get kicked out with barely any time to pack anything in fear he'll call the cops if I take too long, and I... View More

Robert Kane
Robert Kane
answered on Jan 15, 2025

I suggest you research the emancipation petition procedure.

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1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Sexual Harassment for Minnesota on
Q: is there a statute of limitations to file a sexual assault on someone when the victim was a child yet is in his early 50

the incident happened like 40 years ago and it happened in a different state then either the victim or perpetrator live now , who both also live in different states themselves.

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 31, 2024

Each jurisdiction mat have statutes of limitations, or statutes limiting legal actions. So, the first thing you'd need to know is likely to be where is someone claiming some wrongful act happened? Once you know that, you could look Statutes of Limitation that might apply and provide a... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Minnesota on
Q: If I have a an HRO against me, is it a violation to have the other party served court paperwork by mail in Minnesota?

My ex husband has an HRO against me. He has been withholding my children and wrongfully denying me my parenting time for two and half months which is in violation of our court order. I submitted a motion for parenting time assistance to family court to ask them to enforce our current court order. I... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 31, 2024

Best practice for a person with a Harassment Restraining Order prohibiting contact with anothe rperson would be to avoid contact, whether direct or indirect. In practice, such a person may end up in the same courtroom during or waiting for a court hearing, for example. And that would not be... View More

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: About legality of my divorce?

When I signed my divorce papers I was a vulnerable adult. Is that legal and do I have a certain amount of time to nullify it?

Robert Kane
Robert Kane
answered on Dec 17, 2024

An attempt to re-open a dissolution of marriage case most likely has to be done within one year. You don't state what your objective is. Do you want to remain married or want an opportunity to begin the process anew? It will certainly be challenging, time consuming and expensive.

Rob...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Minnesota on
Q: I need help with my child custody case following divorce. My ex is withholding my children and belongings. Who can help?

I was left penniless and homeless in July 2023. I thought the judge would be fair so represented myself but my ex spent 40k on an attorney and the results are not great. He's now withholding my children and my belongings from me. I haven't spoken to my children in 4 months, and I was... View More

Robert Kane
Robert Kane
answered on Dec 9, 2024

For him to spend $40,000 on attorneys and you nothing seems unusual. I am sorry, but you cannot expect an attorney to donate > $40,000 in legal services to clean up this situation for you. I am not even sure how much can be done. I suggest you hire a lawyer to evaluate your situation to see... View More

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

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