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Minnesota Child Custody Questions & Answers
2 Answers | Asked in Child Custody, Child Support and Family Law for Minnesota on
Q: Custody battle and financial constraints after father filed for full custody in MN.

I have full legal custody of our three children, but their father has just filed for full custody. Currently, two of our kids live with me, and one has been living with him due to my temporary situation last year when I was homeless. I'm now stable and living in a four-bedroom house. He has... View More

Robert Kane
Robert Kane
answered on Jun 27, 2025

If you are unable to obtain legal representation through Mid-Minnesota Legal Aid you may want to need-based attorney's fees. They are awarded if there is a substantial disparity in the parties' incomes and the Court finds that one party has the means to pay the other party's... View More

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2 Answers | Asked in Child Custody, Arbitration / Mediation Law and Family Law for Minnesota on
Q: Can my husband file for temporary full custody after his daughter self-harmed in the mother's care?

My husband has had joint physical and legal custody of his 12-year-old daughter for ten years. We live in Central MN, while the mother resides in the Twin Cities metro area. Recently, the mother refuses to communicate with my husband. He has always adhered to the custody schedule and has never... View More

Jason Kohlmeyer
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answered on Jun 10, 2025

Yes, your husband can take legal steps to seek temporary full custody if there’s a serious concern about his daughter’s safety, especially following something like a suicidal attempt or serious self-harm in the mother’s care. In a situation like this, he should talk to his attorney about... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for Minnesota on
Q: Is an unwed mother in any way obligated to put the biological father on the birth certificate.
Jason Kohlmeyer
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answered on Jun 10, 2025

In Minnesota, an unwed mother is not legally obligated to put the biological father’s name on the birth certificate at the time of the child’s birth.

Under Minnesota Statutes § 144.215, subd. 1, the mother has the right to provide identifying information for the birth record. If the...
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3 Answers | Asked in Divorce, Child Custody, Child Support and Family Law for Minnesota on
Q: Seeking divorce advice with custody and property issues in MN.

I want to divorce my partner, but I don't have any money saved up. We have two children; one is an adult, and I'm seeking custody of the younger child. We have property and other assets, which are in my partner's name only. I'm currently living in our marital home and would like... View More

Robert Kane
Robert Kane
answered on Apr 12, 2025

Another possibility is limited-scope representation when you and a lawyer agree that the lawyer will handle some parts of your case and you will handle others. This is different from more traditional arrangements between lawyers and clients where a lawyer is hired to provide legal services on all... View More

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3 Answers | Asked in Divorce, Child Custody, Child Support and Family Law for Minnesota on
Q: Seeking divorce advice with custody and property issues in MN.

I want to divorce my partner, but I don't have any money saved up. We have two children; one is an adult, and I'm seeking custody of the younger child. We have property and other assets, which are in my partner's name only. I'm currently living in our marital home and would like... View More

Robert Kane
Robert Kane
answered on Apr 12, 2025

Here is an excellent place to become familiar with the process and some resources. https://www.mncourts.gov/Help-Topics/Divorce.aspx. Some attorneys are willing to work with you as far as payment plans. There is a possibility your partner may be responsible for some or all of your attorney's... View More

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2 Answers | Asked in Child Custody and Family Law for Minnesota on
Q: Concern about mother regaining custody despite long absence and past issues.

My 14-year-old son recently contacted his mother via email, whom he hasn't seen in almost 10 years due to the mother's choices. My son lives solely with me, his father, and our family. I have 100% physical custody and share 50% legal custody with the mother, who did not show up for her... View More

Robert Kane
Robert Kane
answered on Apr 5, 2025

You certainly have valid concerns. You will have to forgive me, but an online Q and A isn't an opportunity for an attorney to go into any detail in what may be right for your son. You can certainly try to address the situation before the courts or social services get involved. Perhaps a... View More

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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 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

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 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 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

3 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Minnesota on
Q: Facing 5 felony charges from false accusations by husband's ex-wife in custody battle. Seeking advice on plea deal vs. t

I am currently facing five pending felony charges that have arisen from false accusations by my husband's ex-wife in a custody battle. She has a history of making unfounded claims, including allegations of harassment and stalking, which are untrue. The children involved have expressed missing... View More

Thomas C Gallagher
Thomas C Gallagher
answered on May 2, 2024

A lawyer cannot give legal advice about a plea agreement vs. trial, without being the attorney of record, after thorough review and time spent with the known facts, discovery from the prosecution and other facts and evidence; as well as research into laws that could relate to those. As a general... View More

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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

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Minnesota on
Q: Could truancy court admission affect my full custody rights?

I have full custody of my daughter, and I am concerned about the implications of a truancy court hearing. The paperwork from the courthouse refers to a CHIPS (Child in Need of Protection or Services) case rather than truancy. I had a previous CHIPS case in family court back in 2019 related to... View More

James L. Arrasmith
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answered on Jul 5, 2025

Yes, a truancy-related CHIPS case can potentially affect your custody rights, especially if the court determines that the child’s ongoing absence from school reflects a lack of proper care, supervision, or educational support. Even though your daughter is the one being asked to admit to truancy,... View More

1 Answer | Asked in Divorce, Landlord - Tenant, Child Support, Child Custody, Business Law and Family Law for Minnesota on
Q: What are my options regarding mortgage payments in separation with children involved?

In Minnesota, my wife wants a separation. We have a mortgage that is $2,400 a month, solely in my name, and she expects me to move out and continue paying my portion of the mortgage along with utility bills. I can't afford to move out and continue covering these costs. We have two children... View More

James L. Arrasmith
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answered on May 16, 2025

You're in a tough position, but you do have options. In Minnesota, both spouses are generally responsible for maintaining the household during a separation, especially if the mortgage was incurred during the marriage—even if it's only in your name. Your wife can't force you to move... View More

1 Answer | Asked in Divorce, Child Custody and Family Law for Minnesota on
Q: Can I file for divorce in MN and move to WI with full custody of kids?

I have full custody of my three children, and I live in Minnesota while my spouse resides in Florida. Can I start the divorce process while living in Minnesota and move permanently to Wisconsin after filing?

James L. Arrasmith
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answered on May 15, 2025

Yes, you can file for divorce in Minnesota as long as you meet the residency requirement, which typically means you’ve lived there for at least 180 days. Since your spouse lives in Florida, the Minnesota court can still have jurisdiction over the marriage and custody matters because you and the... View More

1 Answer | Asked in Child Custody, Social Security, Family Law and Public Benefits for Minnesota on
Q: Can my older child have joint custody of my youngest to maintain their current school situation?

My ex and I have joint custody of our youngest child. Currently, my ex has custody during the school year on weekdays, and I have custody during the summer and the first three weekends of each month. My youngest child does not want to change schools when my ex moves, especially since the new school... View More

James L. Arrasmith
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answered on May 7, 2025

Based on Minnesota law, your older child cannot be granted joint custody of your youngest child. In Minnesota, siblings cannot obtain custody of minor siblings; instead, they must seek guardianship. Furthermore, third parties generally do not have visitation or custody rights unless they initiate... View More

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Minnesota on
Q: Securing legal representation for parentage hearing amid conflicts of interest in Minnesota.

I live in Minnesota and my daughter is facing difficulties securing legal representation for a court hearing scheduled for June 2025 to determine the parentage and reasonable support for her child. She separated from her ex-boyfriend in September 2024, who hasn't signed a Recognition of... View More

Robert Kane
Robert Kane
answered on Apr 24, 2025

I am sure the Minnesota State Bar Association can help, unless there are other circumstances you have not mentioned.

https://mnbars.org/?pg=Public

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1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Minnesota on
Q: What actions can I take when co-parent misses child exchanges and multiple police reports exist?

I'm dealing with issues regarding court-appointed child exchanges with my co-parent. Recently, they did not show up for an exchange and were unreachable for 6-9 hours. They later claimed they were sick and that their phone died, but now they want to take the child again. A few weeks ago, they... View More

James L. Arrasmith
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answered on Apr 13, 2025

When your co-parent repeatedly violates court-ordered custody exchanges, especially with police involvement, you have the right to take action. Document every incident carefully—including times, dates, and what happened. Keep copies of all police reports, text messages, or any other proof that... View More

1 Answer | 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

James L. Arrasmith
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answered on Apr 13, 2025

Since you have joint legal custody, your ex cannot lawfully relocate your child out of state without either your written consent or a court order approving the move. If you’ve learned that they plan to move without notifying you, you should act quickly by filing a motion in family court to... View More

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