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Minnesota Child Custody Questions & Answers

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Minnesota on

Q: My wife's narcissistic "Christian" mother and father have brainwashed her into getting HRO, Ex Parte Custody and Jail 4

I am a 31-year-old Christian, father, husband, and founder of Krew Cleaning services. I had17 "violations of harassment order" that coincidently got filed against the morning I was supposed to see my daughters the first time in 2 months (due to an ex parte custody that got approved based on her... Read more »

Jonathan Matthew Holson answered on Sep 13, 2019

You are entitled to a hearing on the HRO/OFP. There are instructions in the paperwork that you were served about how to request a hearing. It will be her burden at the hearing to establish that you have been harassing her or that an act of domestic abuse occurred. The violations are criminal... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on

Q: How to stop parent from fraudulently collecting support.

Paid support for 17 years. Child recently dropped out of highschool, and left mother's home to live in parts unknown in Minneapolis. (with boyfriend, assumably) How can we stop payments to the mother?

Corwin Kruse answered on Sep 4, 2019

Minnesota law defines "child" for the purposes of support as "an individual under 18 years of age, an individual under age 20 who is still attending secondary school, or an individual who, by reason of physical or mental condition, is incapable of self-support."

You would need to bring a...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Minnesota on

Q: What is the fastest and nicest way of divorce and child custody?

My husband goes back and forth telling me that he wants the nicest divorce and child custody but the next time it is brought up that he will drag out the divorce the longest and expensive way as possible. Is there a way to get it done fast and nicely as possible, when he is against getting advice... Read more »

Corwin Kruse answered on Jul 29, 2019

"Fastest and nicest" is a pretty subjective goal. More importantly, fastest and nicest may not be "best"; rather it may simply be agreeing with everything that the other person wants. As a SAHM, you would potentially receive some level of spousal maintenance. In addition, you could ask that your... Read more »

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Personal Injury for Minnesota on

Q: Is it legal for a person grante temporary legal custody of child to immediately have elective surgery perfomed on child?

They never asked for consent from the parent and did not notify the parent nor the Court. They just went and had elective surgery performed on the child within weeks of being granted ex parte temporary legal custody. The child is now severely psychologically abused and traumatized. After elective... Read more »

Corwin Kruse answered on Jul 19, 2019

Legal custody carries with it the right to make medical decisions for the minor child. Of course, depending upon the circumstances, one might be able to argue that custody should be modified based upon physical or emotional endangerment to the child.

1 Answer | Asked in Family Law and Child Custody for Minnesota on

Q: My 11yr old doesn't want to go.

My 11 year old daughter doesn't want to go to her dads. Her father and I were NEVER married we live in MN He has no legal or physical custody and there also is no parenting time. He does pays child support now(going on 3yrs). For the last 8yrs I have let her go with him every other weekend(other... Read more »

Corwin Kruse answered on Jun 13, 2019

You've indicated that the father has no legal or physical custody and no parenting time, but that he does pay child support. You haven't stated whether or not he has been adjudicate the father or whether the child support is court-ordered (which would require such an adjudication) or voluntary.... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Minnesota on

Q: What If proper procedure was not followed by Minnesota statue.

I was initially served by alternate means other than publication an Affidavit of service by mail dated June 21 2018 is on file with the court the Court held a hearing on June 28th 2018 and I did not appear the court issued an order for protection dated June 28th 2018 by default

Joseph A. Gangi answered on Aug 15, 2018

Speak with an attorney. If you were not properly served, you may be able to reopen the case.

1 Answer | Asked in Child Custody for Minnesota on

Q: Will the father of my child get his modification of parenting time accepted?

The father of my child moved to Flordia at the beginning of June for personal wants with his girlfriend and their child. My daughter was seeing her father every other weekend Thursday through Monday and now he is asking for her to fly over to Flordia to spend the summer there. I told him I only... Read more »

D. Patrick McCullough answered on Aug 1, 2018

There are so many other facts an attorney would need to know. I suggest you contact an attorney versed in Family Law to help you.

1 Answer | Asked in Family Law and Child Custody for Minnesota on

Q: I left my husband we are not legally separated but he demands to see kids every other wknd do i have to send them

D. Patrick McCullough answered on May 4, 2018

If there is no court Order, and he is the father of the children, each of you have the right to have the children and equally each of you can "take" the children anytime each of you wants, until there is a court Order designating what days each of you have. Is he harmful to the children or is there... Read more »

1 Answer | Asked in Child Custody and Child Support for Minnesota on

Q: I have full physical custody of my daughter She took off to her dads and won’t come back now he demanding support return

It’s only been 20 days. He enrolled her in school and hour and a half away from me and took her away from all her mental health supports.

D. Patrick McCullough answered on Apr 18, 2018

How old is your daughter? He has no right to do what he did if you have full physical custody; however depending upon your daughter's age and the circumstances as to why she left, will impact on what the court will do in this situation. You should hire an experienced family law attorney to assist... Read more »

1 Answer | Asked in Adoption, Child Custody and Wrongful Death for Minnesota on

Q: How can I get legal custody of my 2 great-nephews whose mother and 2yr old sister were just killed in an auto accident?

My niece and her youngest child were killed 4/2/18 And her 2 surviving children were taken from our care by the biological father of the younger child. They were taken to their "grandmothers " whom ny niece has told several authorities and family members she would never want her children to be... Read more »

D. Patrick McCullough answered on Apr 17, 2018

Very, very sad for you. You should consider hiring an experienced family law attorney to help you. These type of proceeding are quite complicated and you will need expert help.

1 Answer | Asked in Child Custody for Minnesota on

Q: I need help with my answer and counter, for custody and parenting time.

I don't have an attorney as of yet, but only have a week left to respond with my answer and counter. I'm freaking out because I have no idea which paperwork i need to fill out and send back right away...please help. I've filled out most of it already but do I have to have all of the confidential... Read more »

D. Patrick McCullough answered on Apr 13, 2018

There is much more to be concerned about than just the time elements in a Divorce case. You should consider hiring a family law attorney to assist you.

1 Answer | Asked in Family Law, Personal Injury, Animal / Dog Law and Child Custody for Minnesota on

Q: My daughter was recently bitten in the face at her mom's boyfriend's house and received over 100 stitches, can I sue

She was laying in her bed when dog attacked

Lisa Watson Cyr answered on Apr 9, 2018

Most likely, but you need to talk with an attorney as soon as possible to go over the specific facts of the unfortunate attack.

1 Answer | Asked in Family Law, Domestic Violence and Child Custody for Minnesota on

Q: I am a Grandparent to 4 granddaughters that are in harms way with their parents. I want to file for emergency custody.

The parents have several domestic assault convictions, one back in 2015 when the mother stabbed the father twice in front of the kids. The girls were give to myself and my husband to foster until the Mother completed rehab and counseling. The parents are fighting again, and I need to get the... Read more »

D. Patrick McCullough answered on Apr 3, 2018

I would suggest you hire a family law attorney to help you.

1 Answer | Asked in Child Custody, Child Support, Education Law and Family Law for Minnesota on

Q: Do I have the right to go see my child in school if i don't have custody of my child but I do pay child support?

D. Patrick McCullough answered on Mar 26, 2018

There are two types of Custody-Legal and Physical and it depends upon what your Judgment and Decree says.

1 Answer | Asked in Child Custody and Family Law for Minnesota on

Q: My ex-wife has enrolled our children in counseling. Can she do this without my legal consent?

We have joint legal and physical custody. I have asked her for the reason why she has them in counseling and she will not provide any information. My children are under my insurance and I have not consented to them being treated for this non emergency medical treatment. Can she legally continue... Read more »

D. Patrick McCullough answered on Mar 19, 2018

You may not wish to cancel any appointments until you first consult with the counselor to see if your children need counseling; however, unless your Divorce Decree provides otherwise, if you have joint Physical and Legal custody, your X should not enroll your children in counseling without your... Read more »

1 Answer | Asked in Family Law and Child Custody for Minnesota on

Q: I was not married to the kids dad, but he did sign the birth certificates. Who has legal custody of the kids?

We amicably separated, and successfully co parent, everything is split 50/50. We have never filed any paperwork with the court.

This pertains to Minnesota law

Lucas Wynne answered on Mar 17, 2018

Until a proceeding occurs, there are no real rules established as to the custody arrangement.

1 Answer | Asked in Child Custody and Domestic Violence for Minnesota on

Q: If my ex is not allowed to Drink 24 hours prior to being around our child, how do I prove it when he breaks this rule?

Jonathan Matthew Holson answered on Feb 20, 2018

That would be difficult to prove. There are urine tests that can be used to determine if someone has previously consumed alcohol, even if they are not currently under the influence. The most common test is an ETG test. I am unaware whether these tests are available to general public or if they... Read more »

2 Answers | Asked in Family Law and Child Custody for Minnesota on

Q: Help with family law, i have an existing custody and visitation court order since 2009. How do I do a modification?

I moved out of state and have requested to see my child multiple times but the mother refused, Judge suggested mediation but it still didnt work due to the mother using the child as a pawn. How do I request modification and uninterupted telephone and visitation access to my child? I also need a... Read more »

D. Patrick McCullough answered on Feb 20, 2018

Assuming you are a good parent, the court would likely enforce and perhaps modify your time with your child now that you have moved out of state and the existing schedule is no longer practical. You will need to bring a Motion to be heard by a judge to make those changes.

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1 Answer | Asked in Family Law and Child Custody for Minnesota on

Q: My ex is not a good dad or person. He's slapped his other two girls alot when I was with him. If he tries for parenting

Time, will he get it alone? She's scared of him and he's said he's gonna take her and never bring her back, etc.

Lisa Watson Cyr answered on Feb 7, 2018

The Court will determine parenting time after considering what is in the child's best interest based on the factors set forth in Minnesota Statute Section 518.17. Based on the information you have provided, it appears there may be good cause to seek supervised or restricted parenting time.

1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on

Q: What if my sons father is not following our stipulation agreement? Child support, his portion of expenses, etc....

Lisa Watson Cyr answered on Feb 6, 2018

If your son's father is not paying his court-ordered child support, you have a few options. If he is working, you may want to apply for income withholding services through the appropriate county. You also have the option to bring a motion seeking to have your son's father held in contempt for... Read more »

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