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Minnesota Family Law Questions & Answers
1 Answer | Asked in Adoption and Family Law for Minnesota on
Q: What are my leagle rights if I was told I mite be the father of a 1 year old boy that had been in children services
Robert Kane
Robert Kane
answered on Mar 28, 2024

The fact you were "told [you] mite be the father of a 1 year old boy that had been in children services" doesn't give you any rights. You need to determine how you want to proceed.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: In family court can a Referre dismiss a case after trial with Prejudice and simultaneously order relief. The Petitioners

Filed a motion to Amend the findings saying since the 3 rd party custody case was originally against me if the judge dismissed it instead of denied it she has to give my child back to me and not the Dad who is not the Petitioners. Not a divorce case just my daughters Godparents wanting her case has... View More

Robert Kane
Robert Kane
answered on Mar 28, 2024

In family court can a Referre dismiss a case after trial with Prejudice and simultaneously order relief? Yes, depending on the circumstances. I apologize, but how you should respond can't be determined on a few phrases. An appeal may be appropriate if the referee made a mistake of law, such as... View More

2 Answers | Asked in Divorce and Family Law for Minnesota on
Q: Can I get help to divorce with no money in Minnesota?

I am a mother of 3 unemployed married 12 yrs, full time student, going through hardship (marriage) husband mistreating me and his family steeling my person documents for their own personal used. Told they brought me to the states. no family support cant do nothing family overseas. Been diagnosed... View More

T. Augustus Claus
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answered on Mar 1, 2024

In Minnesota, individuals facing financial difficulties, such as being unemployed and experiencing hardships like mistreatment within a marriage, can seek assistance for obtaining a divorce. Various resources are available, including legal aid organizations that offer free or low-cost legal... View More

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1 Answer | Asked in Child Support and Family Law for Minnesota on
Q: does back child support debt go away when someone passes away? the children are adults now.

We were quit deeded land before my step- dad died, ( he was never legally married to my mom) we found out after he died he was paying 50 dollars a month towards a 70k debt of back Child support for 2 kids he was never involved with, he didnt have any custody of them ever. Both the children are... View More

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answered on Feb 9, 2024

Back child support debt does not automatically go away when someone passes away. The obligation to pay back child support can still be claimed against the deceased's estate. Since the children are adults now, the back child support remains a debt of the estate. If the land was quitclaimed to... View More

2 Answers | Asked in Family Law for Minnesota on
Q: Can I create a document sign it with a notary. Is it a legal doc then
Robert Kane
Robert Kane
answered on Feb 3, 2024

What do you mean by "legal document?" A notarized document is just that, a " notarized document." I can sign my grocery list and have it notarized. That proves I signed my grocery list, nothing more.

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1 Answer | Asked in Family Law, Adoption and Child Custody for Minnesota on
Q: How can my new husband adopt my daughter who’s been fatherless for 3 years he don’t reach out to her in 3 years ?

He don’t support her in any way he don’t call to talk he don’t reach out to me period my new husband has been there for her how can I get my new husband to adopt her legally

Robert Kane
Robert Kane
answered on Jan 6, 2024

The father will need to consent to the step-parent adoption or you will need to convince the judge to proceed without it. The judge will need more information than just your statement.

1 Answer | Asked in Family Law, Constitutional Law, Probate and Small Claims for Minnesota on
Q: Is it legal for my Grandma to transfer my deceased Mom's debt over to me and make me pay for it?

So my mom passed away on Thanksgiving, my sister let me have her car because it was in accordance with my mom's wishes (My mom didn't have a will. We just agreed to it as next of kin) Now, my Grandma who has STRONGLY been against me having the car is saying that I owe her $1,200 in order... View More

James L. Arrasmith
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answered on Jan 5, 2024

In general, debts do not transfer to family members upon someone's death unless they were co-signed or jointly held. As for your situation, you are not automatically responsible for your mother's debts, including any money she may have owed to your grandmother, unless you had a legal... View More

1 Answer | Asked in Child Support and Family Law for Minnesota on
Q: My ex has my daughter, she filed child support on me then moved out of state.

County case worker will not hear me out on this fact. How do i go about reporting this fact to the county?

Robert Kane
Robert Kane
answered on Jan 3, 2024

Child support and child custody are related, but separate matters. Relocation is primarily a custody matter.

1 Answer | Asked in Family Law, Estate Planning and Probate for Minnesota on
Q: Do I have any rights my father just passed away if my last name on my birth certificate is his last name His name is not

He is not my biological father. He was going to adopt me. But my biological father said no. I had his last name until I got married. Then I had to change it. He's passed away in my sister is claiming that I don't get half of his Ashes. I don't get nothing. I'm just wondering... View More

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answered on Jan 3, 2024

In the context of family law in Minnesota, your rights regarding your father's estate may depend on various factors, including whether there was a legally recognized adoption, the presence or absence of a will, and the specific laws governing inheritance in the state. If your father had... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law and Domestic Violence for Minnesota on
Q: How do I fight a “revenge restraining order” (OFP) that was filed against me—& granted?

My wife had been violent with me since 2014, but walked out & filed for divorce in Nov of ‘22. 8 months later, after being quiet about the abuse for years, I did a social media post discreetly talking about (I said no names or relationships) what I was & had been going through. The next... View More

Robert Kane
Robert Kane
answered on Dec 23, 2023

You will need to convince the court you are entitled to a new hearing because you were unable to attend. I apologize, but I don't know specifically what you need to file without more information. Perhaps another attorney can help. Based on the rest of your question, it doesn't seem you... View More

1 Answer | Asked in Family Law and Civil Litigation for Minnesota on
Q: Contested hro in Minnesota hearing is in 3 weeks I have a question about my belongings that are in the apartment

I know that he got rid of all of my belongings everything in that apartment was mine do I ask the judge at the contested hearing about the the money that I have lost or is that a completely different case and how about the money that I lost as far as not being in my own home cuz he was lying this... View More

Robert Kane
Robert Kane
answered on Nov 19, 2023

The judge may allow you to retrieve your possessions. The will not award you money. You don't, however, have much to lose by bringing the subject up. Who is the petitioner? I am guessing, you.

1 Answer | Asked in Divorce, Banking and Family Law for Minnesota on
Q: my parents got divorced in 2006 when they signed the papers it stated that both of them will have a college fund set up

When i got accepted to college and i asked my dad for my college fund he told me no. What can i do? (The divorce papers have account numbers of the fund)

David H. Relkin
David H. Relkin
answered on Nov 2, 2023

He said "no" or he said he didn't set up the account? College funds are generally trust funds controlled by the Trustee who generally provides in the Trust fund document that he has discretion. That would prove a difficulty especially since you don't want to antagonize him.... View More

1 Answer | Asked in Estate Planning and Family Law for Minnesota on
Q: Family cabin. Parents passed. Deed transferred to three siblings, 25%, 25% and 50%.

50% sibling died. Cabin was obtained pre-marital. Does widow get 50% or does it fall back on the deed owners.

Anthony M. Avery
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answered on Oct 27, 2023

Hire a MN attorney to search the title and determine ownership. You have not stated the necessary facts.

1 Answer | Asked in Family Law for Minnesota on
Q: how do i get something off my background?

2017 had a chips case but did everything i was suppose to kids came home but now its costinmg me jobs because it shows up on my background as maltreatment of a minor

T. Augustus Claus
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answered on Oct 24, 2023

To address a past incident affecting your job prospects due to a maltreatment of a minor charge from 2017, consider these steps:

Ensure compliance: Ensure you have met all court orders and probation requirements related to the case. This can bolster your case for expungement.

Verify...
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1 Answer | Asked in Family Law and Adoption for Minnesota on
Q: My ex wife and her new husband Adopt my daughter I did Not Give up my parental rights I never received nothing in court

I know that I wouldn’t brelinquish my parental rights For nothing in the world so for this to happen is pretty devastating But more so it’s not right for someone to literally take someone’s child

Robert Kane
Robert Kane
answered on Oct 23, 2023

In most situations, you would have been notified. You can likely contest the adoption.

2 Answers | Asked in Family Law and Domestic Violence for Minnesota on
Q: Duo ofp

Abuser locked me out ruined my belongings and now he's serving me where is my rights as a victim

T. Augustus Claus
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answered on Oct 23, 2023

If you are a victim of domestic abuse or harassment in Minnesota, it's important to know your rights and the steps you can take to protect yourself. You can contact law enforcement to report the incident and document any damage or harm caused by the abuser. Seeking a restraining order, known... View More

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1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: Can I ask that she take a lie detector test? Or anything . She uses this for leverage

If I'm being held in contempt for not providing all the ATM withdrawal dispositions. Why can't I ask the same?

Robert Kane
Robert Kane
answered on Oct 4, 2023

A lie detector test isn't worth a thing. You can request information as well. I am sorry, but it doesn't seem you have a good grasp of what is happening. The court has information on its website and the law library is a great resource. Obviously, an attorney would be advantageous.

1 Answer | Asked in Family Law for Minnesota on
Q: I have a contempt of court hearing coming up and I’m wondering what to expect

I have text messages as evidence along with voice recordings. I was wondering if I need to send the messages in as exhibits online or if I can just bring them to court with me

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answered on Sep 29, 2023

Contempt hearings generally evaluate whether a party has failed to comply with a court order. As for your text messages and voice recordings, you should consult the court's local rules or ask the clerk whether they can be submitted online or if you need to bring them to court.

1 Answer | Asked in Family Law for Minnesota on
Q: What does this mean? "I have made the following efforts to get the non-applicant parent’s address from these persons:"

This is for an affidavit in support of order for publication and order for publication (minor name change). Is she able to state that no effort has been made?

John Michael Frick
John Michael Frick
answered on Sep 29, 2023

As a general rule, a person requesting service by publication must demonstrate that they have used reasonable diligence to locate the person to be served and have attempted unsuccessfully to serve that person in-person as a condition precedent to obtaining an order for service by publication.... View More

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: My spouse is trying to get a protection order on me,went to court I requested a lawyer on my behalf and they denied me.

My wife was present and her lawyer and I was in jail for threatening her and next morning I was in court they got granted the order but I feel I was denied my rights and nobody cares.

Robert Kane
Robert Kane
answered on Sep 26, 2023

The United States and Minnesota Constitutions both establish the right to an attorney for anyone facing a charge punishable by “loss of liberty.” This would not apply to protective orders.

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