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Minnesota Family Law Questions & Answers
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.

1 Answer | Asked in Family Law for Minnesota on
Q: How do I request a debt compromise agreement for child support arrears in south dakota? Is a judgement needed?

I'm the the custodial parent living in minnesota. The case is based in south dakota. The child will turn 18 in 11 months and the arrears owed is almost $25,000.

Robert Kane
Robert Kane
answered on Sep 13, 2023

It seems South Dakota has jurisdiction.

2 Answers | Asked in Child Custody, Divorce and Family Law for Minnesota on
Q: I’m trying to start the process for divorce and I’m looking for prices on starting that

Will need to do custody aragements as well as the divorce it’s self

Robert Kane
Robert Kane
answered on Sep 10, 2023

If you are asking about attorney fees, it will vary. Generally, a relatively sizeable retainer is required. After a few calls, you will have an idea of the costs. Some attorneys are reasonable and some are not. Some attorneys are flexible and some are not. I am prevented from quoting figures.

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2 Answers | Asked in Domestic Violence and Family Law for Minnesota on
Q: Meaning of “no direct or indirect contact” in a restraining order in context of being in the same physical area or room?

In context of an Harrassment Restraining Order: The order says I "shall have no direct or indirect contact with petitioner, including any visits to or phone calls to petitioners home, contact via electronic means such as email or social networking sites.”

Can I be in the same... View More

Todd B. Kotler
Todd B. Kotler
answered on Sep 5, 2023

Is there a limitation as to how many feet away? if not the Order is somewhat vague and may not be giving clear guidance to a police officer who may be called to enforce the Order. I recommend that you contact a local attorney who practices criminal and family law, perhaps have the Order modified... View More

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2 Answers | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Domestic Violence for Minnesota on
Q: Can i find an attorney for a trial that starts tomorrow for False Allegations of Sexual assault and Maltreatment, MN?

Complex Case: Criminal CPS cases dismissed. Civil current. Appeals? Indefinitely suspended FamilyPT, Juvenile history. Lawyer terminated our client/att. Relationship. Cannot find anyone to represent me. Urgent ExParte; Daughter attempted suicide due to forced to lie about accusation and father... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 29, 2023

An attorney is not going to be prepared who is retained the day for a hearing/trial. It is unclear from your question whether this is a criminal trial; an OFP/HRO hearing; a child protection trial; or something else. Your best bet is to go to the hearing and request additional time from the Court... View More

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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Can I see my daughter if there is no paperwork against me.

My ex has a ofp against him and there is no custody order for me.

Robert Kane
Robert Kane
answered on Aug 28, 2023

If there's no OFP concerning you, you should be able to see your daughter.

1 Answer | Asked in Family Law for Minnesota on
Q: Is it my right to know whether my ex-husband is bringing an attorney to a mediation?
John Michael Frick
John Michael Frick
answered on Aug 24, 2023

Your terminology "right to know" is a little harsh. It would be assumed that the parties in a family law dispute would bring their attorneys to a mediation concerning that dispute. It would be highly unusual for them not to do so, and it would be odd to try to hide that fact from... View More

1 Answer | Asked in Family Law for Minnesota on
Q: I need to relocate from MN to MA where family is. Currently have shared custody, 2 young children. Father refuses.

Numerous attempts made to have productive resolution with Father. Mediation attempted and failed.

Father has attorney. Mother can not afford one. Mother is 26 weeks pregnant with twins. High risk pregnancy. Wanting to move back with family. Mother has no support system in MN.

Father... View More

Robert Kane
Robert Kane
answered on Aug 14, 2023

You don't ask a question. Are expecting attorneys on the internet to give you the go ahead? Is there are reason your Massachusetts support system cannot help you pay for an attorney?

1 Answer | Asked in Family Law and Real Estate Law for Minnesota on
Q: How to find it a sibling executor of estate anonymously bought the family home

Sibling executor in CO surreptitiously sold family home in WI without conferring with siblings, or putting it on the market. Sale was handled by her son a commercial real estate agent not licensed in WI and sold for 125k under market value to commercial flipper. Sibling refuses to explain... View More

Robert Kane
Robert Kane
answered on Aug 5, 2023

This seems like it needs to be addressed in CO and/or WI.

1 Answer | Asked in Family Law for Minnesota on
Q: Ex wife wants to file a motion requesting I pay child support and claim child for taxes.

Volunteered/agreed to have child stay with her at her convenience and best interest instead of 50/50 as agreed upon in divorcé degree. Now wants me to pay child support. Have child live me for next two years and pay full support and back pay child support for past 2 years. I never failed or... View More

Corwin Kruse
Corwin Kruse
answered on Aug 3, 2023

Unless and until you stipulate (or the court orders) otherwise, the divorce decree governs. She cannot get additional back support and you cannot count voluntarily payment of expenses toward support.

2 Answers | Asked in Divorce, Child Custody and Family Law for Minnesota on
Q: I am looking for someone to help with my significant other and his ex she does not follow the decree and breaks the rule

She has taking the kids to numerus medical tests that are un needed wont communicate and with holds medical information from him all the time. schedules appointments with out talking or notifying him for medical reasons and extracurricular. we need she wont work with us and we cannot get the court... View More

Robert Kane
Robert Kane
answered on Jul 21, 2023

He has several options when the other parent isn’t following a court order. He should contact family directly to find one willing to work with him. Some attorneys are affordable. Some attorneys are not.

Limited-scope representation is when you and a lawyer agree that the lawyer will...
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1 Answer | Asked in Family Law for Minnesota on
Q: If I spend $ from a personal account to pay debt related to joint acct, will my personal account be considered comingled

I am expecting an inheritance. I intend to put this money into a personal account, with my name on it only. However, I intend to spend some of my inheritance to reduce my mortgage and/or pay off my Home Equity Line of Credit, which is jointly held by myself and my wife. If I do so, is any... View More

Corwin Kruse
Corwin Kruse
answered on Jul 17, 2023

If you can trace it and keep it in a separate account, it would not be considered commingled.

Unless you need to pay down the debt now, it may be beneficial to wait until after the divorce is finalized.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: My granddaughters by court order have to spend there summers in California with there father. Can they refuse?

They have been going to California for about seven years now. They are 17 and 13 years old and don't want to spend the whole summer there. Is there anything we can do to help them?

Corwin Kruse
Corwin Kruse
answered on Jul 3, 2023

It really depends on the facts of the case and how parenting time could be restructured. It is very possible that ending summered in California would reduce parenting time enough that the court would consider it a modification of custody, which would likely necessitate showing endangerment.... View More

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: My granddaughters by court order have to spend there summers in California with there father. Can they refuse?

They have been going to California for about seven years now. They are 17 and 13 years old and don't want to spend the whole summer there. Is there anything we can do to help them?

Robert Kane
Robert Kane
answered on Jul 1, 2023

The girls' wishes should be considered, but it isn't their decision. The parents will need to modify the custody order to reflect any changes. If an agreement can be reached it should be fairly simple for an attorney.

Refusal to comply with the current is a violation, regardless...
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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Clarification of parenting time on July 4th holiday since it is midweek

The parenting agreement says ‘4th of July and adjacent weekend (if midweek - Tuesday, Wednesday, Thursday - from 9a.m. to on 7/4 to 9 a.m. on the 5th). Since this year the 4th of July falls on a Tuesday, does it include an adjacent weekend or the midweek stipulation of 9am from the 4th to 9am on... View More

Corwin Kruse
Corwin Kruse
answered on Jun 29, 2023

It would be the midweek schedule. That is specifically differentiated from years when July 4 falls directly adjacent to a weekend.

1 Answer | Asked in Child Support, Divorce and Family Law for Minnesota on
Q: I need to know, what my options are to start a divorce and what needs to be done. I have 5 children that live with me.

She left about 8 months ago, no contact with us for 6 to 7 months

Robert Kane
Robert Kane
answered on Jun 20, 2023

The Minnesota Judicial website is an excellent place to start. It seems you may have some matters to address that require a some help. An attorney would certainly benefit you and the children.

Limited-scope representation is when you and a lawyer agree that the lawyer will handle some...
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1 Answer | Asked in Family Law and Domestic Violence for Minnesota on
Q: brother spanked my kid, I don't spank, he knows it. It wasn't warranted, just in anger. I wasn't there. What do I do?

My kid was visiting her grandmother and my brother was there also. I don't want my kids around him period but he was there without my knowledge. My mother doesn't seem to be bothered by this but she also never had a problem hitting or screaming at me as a child either. I was in an abusive... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 20, 2023

You could certainly contact law enforcement. You could apply for an OFP against your brother on behalf of your child. You could choose to keep your child away from your mother and brother. You have a multitude of options here. You just need to decide how you want to approach this situation.

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: I can't pay my legal fees so my current lawyer is dropping my case. My husband won't negotiate. What do I do?

My husband filed a divorce petition that I contested. During mediation he wouldn't negotiate at all so the case has gone to court. He changed the password on the bank accounts so I don't have access. He pays some bills and gives me $800 per month randomly. That's not even close to... View More

Robert Kane
Robert Kane
answered on Jun 17, 2023

It seems odd your attorney wouldn't address your short term need at the onset. You should be seeking temporary support and requesting he pay your attorney fees. The Minnesota Judicial Branch website Help Topics is an excellent resource. Some attorneys, like myself, will try hard to make legal... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Minnesota on
Q: after over 4 years of zero contact, can my child’s biological father demand that he sees her?

My daughter is almost 5.

Her father has not been involved besides about two weeks after child support was originally established. He spent a couple hours with her 3 times when she was 6 months old.

We had mediation at that time and we agreed to start out with a couple hours a few... View More

Robert Kane
Robert Kane
answered on Jun 9, 2023

Yes, the father can seek parenting time. If you are unable to come to an agreement or choose to dig your heels in a judge will ultimately make the decision. It very unlikely a judge will not grant some parenting time. The judge will weigh numerous factors to decide upon a plan. Reasonable... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Minnesota on
Q: In MN is it a violation of a OFP to have my wife served divorce papers?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 8, 2023

No, the legal process of serving your wife with divorce papers would not be a violation of an OFP. But you should have representation assisting you with this process. Having a "friend" serve her with divorce papers is far more likely to cause problems for you than if you have an... View More

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