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Minnesota Family Law Questions & Answers
2 Answers | Asked in Criminal Law and Family Law for Minnesota on
Q: Can my husband face criminal charges for committing adultery with his first full blood cousin?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jun 29, 2021

Strangely enough, adultery isn't an offense for married men. The statute is incredibly outdated and sexist and frankly, I have never seen a woman charged with adultery in the 20 or so years that I have practiced as an attorney. Incest in Minnesota is a crime as well, but the blood... Read more »

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1 Answer | Asked in Family Law for Minnesota on
Q: I have court ordered sole physical n legal custody. Can my sons father have access to his medical info?

My son is 17 and his father n i divorced 16 yrs ago. Im in Minnesota

Corwin Kruse
Corwin Kruse answered on Jun 28, 2021

Physical custody has little meaning in MN and is unrelated to medical info. The question is legal custody. If you have joint legal, he would generally have a right to the info.

1 Answer | Asked in Family Law, Child Custody and Child Support for Minnesota on
Q: My ex and I were never married and we both want to do 50/50 with our two kids.

She has them on her medical insurance and I pay the daycare. We are still currently living together but I’m looking at moving out but in the same town so that the convenience for her if she needs help with anything and for the kids. I just want to know how we’d go about making an agreement or... Read more »

Corwin Kruse
Corwin Kruse answered on Jun 2, 2021

You can jointly petition the court to establish custody, parenting time, and child support. If paternity has not been adjudicated, you need to include that in your petition.

Daycare is one element of child support, as is insurance, and would be divided between you. You can get a...
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1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: Do you have to buy out an ex from a martial home or can he give you his half?

My husband and I separated in October. He moved out and got an apartment. I am working on finding an attorney to get the divorce moving, but due to finding out I'm also pregnant has made that difficult. I would like to get the ball rolling and get the divorced finalized.

Corwin Kruse
Corwin Kruse answered on May 6, 2021

The two of you can divide property pretty much any way you wish (within reason). There is no requirement that one party “buy out” the other’s share of a home, or that property division be equal.

Generally, one party might take other property (stocks, retirement, etc) in lieu of...
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1 Answer | Asked in Family Law for Minnesota on
Q: Non biological father but he wanted to be on the Ruth certificate but now has been a year and he isn’t around the kids

Anymore does he still have to pay child support even if he isn’t the biological father but he wanted to be in the birth certificates of both my children

Corwin Kruse
Corwin Kruse answered on Apr 30, 2021

Simply being on the birth certificate is insufficient to establish legal paternity. No child support would be ordered without an adjudication of paternity.

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Minnesota on
Q: Can you lose all your rights such as court proceedings, i.e. criminal charges papers served directly to your unless f

Family members got guardianship? Woyld you not be aware of criminal proceedings and would you get a care taker without your permission or your say so to whom it may be. Could law keep threatening daily with warrants and family

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 22, 2021

This question is incredibly confusing. It's unclear what is being asked. Criminal charges and a guardianship are two entirely different things and are unrelated to each other. A warrant could certainly be issued if you missed a court hearing on a criminal matter, but that has nothing to do... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Minnesota on
Q: How to use marital lien to pay off child support arrears of close to same amount? Lawyer necessary?

Divorced (as Respondent) in April, 2000 after 1 year of marriage, 1 child, and 3 years of legal dissension re child support, visitation, and property division. The divorce decree states, “Respondent shall be awarded a marital lien on the parties homestead in the amount of $11,008.00 at an... Read more »

William Bailey
William Bailey answered on Jan 18, 2021

It would be wise to at least set up a consultation with a family law attorney.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Other parent always late, is it ok when I do this?...

I have a question regarding a custody agreement. It's joint physical joint legal. Custody order exchange on Sundays at 11:00 a.m. however the mother is habitually late all the time and has recently even missed her scheduled Holidays. Makeup days as written in custody order must be mutually... Read more »

William Bailey
William Bailey answered on Jan 4, 2021

You should review your custody agreement with an attorney. They will be able to accurately advise you.

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: Hello, My wife served me the divorce paper couple of days ago.

She wants me to pay for the remaining of her car notes $5000 and her attorney fees. married in 2015 and she never lived with me, she always at her parents's house and maybe slept over a couple of days. She never paid any bills in the house as i took care of everything. She leased the Car... Read more »

William Bailey
William Bailey answered on Nov 25, 2020

You should retain an experienced family law attorney to help you navigate these issues.

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: Is judge allow to deny proof of evidence of supporting arguments ?

My fiancé is having problems with the mother of his child with custody she hasn’t follow any court orders and refusing to give him his parenting time but he has proof of it judge doesn’t allow him to present it in court .

William Bailey
William Bailey answered on Nov 25, 2020

There could be an issue with the way he is attempting to present the evidence. Courts have specific rules about how evidence can be entered into the record. He should hire an attorney to assist because attorneys know those rules.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: After how long if a china case is closed can you still persue a lawsuit
William Bailey
William Bailey answered on Nov 24, 2020

I think your post has at least one typo in it which makes it difficult to understand and impossible to answer. Try posting again.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Can I use video/audio that my step son recorded of his mother and her boyfriend fighting as evidence in court?

My 11 year old step son has sent his dad and I an audio recording of his mom and her boyfriend fighting (video really but it is in his pocket so only audio is usable). They break several court orders from past custody disputes. When we asked him why he recorded this he said he wanted to make sure... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 14, 2020

This question is very hypothetical. You can use any evidence in court that you can get in over objections.

1 Answer | Asked in Child Support and Family Law for Minnesota on
Q: Who should I talk to in order to acquire a stimulus check despite being in arrears to child support? ...Read on.

My son is 23 years old, works as a delivery driver and pays no rent to his mother. His tax return was ...significant. However, I was laid off in March due to the pandemic lock-downs, and my job officially ended as the June riots destroyed my place of work. Needless to say how hard it was to see... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 14, 2020

The payout is going to be redirected because you have the back payments owing. Unfortunately, the state will not care much that you lost your job.

2 Answers | Asked in Criminal Law, Family Law and Child Custody for Minnesota on
Q: If someone places an Ofp on you, are they allowed to stop by your place of residents?

And have their boyfriend come to the door To drop off a gift? Also are they allowed to try to contact you via 3rd party considering they are the ones who placed the order of protection on you?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jun 22, 2020

An OFP is a one way street. The protected party is not prohibited from doing anything. They can call, text, send gifts, visit etc. None of that is a violation of the OFP. However, if the other party responds to contact initiated by the protected party, it is a crime. A first violation in 10... Read more »

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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: My ex has not allowed me to see my kids during the stay at home order in MN

Now she says I can only see them Outdoors and 6' away. I have a court order granting me visitation without stipulation other than date/time arrangement. I work from home and have not ventured out during this time. I think I should be allowed to have my kids in my home. Can she mandate this?

Sonja M. Nyberg
Sonja M. Nyberg answered on Jun 1, 2020

No she cannot and by doing so she is in violation of the court order as it applies to your parenting time. I currently know of no judicial officers who are suspending a parent's time with the children, or putting such drastic restrictions upon how and where it occurs, because of the pandemic.... Read more »

1 Answer | Asked in Family Law and Appeals / Appellate Law for Minnesota on
Q: How can a Judge decide a biological parent was a 'de facto custodian'?

Is there any way to appeal or overturn the original court order from 2017?

Charles William Michaels
Charles William Michaels answered on May 8, 2020

I do not have the information about the case to give a definitive answer. However, a judge can after a review of all the evidence and testimony decide that parent (biological or not) is the de facto custodian of a child. Since the court order was in 2017, the appeal period has passed, although an... Read more »

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: I’m trying to get custody of my brother once I turn 18 because my mother is very unstable. I need to know the steps.

She was just in jail for Meth, Running from law, Hiding a fugitive and driving when she doesn’t have a license. We live in MN. Her probation officer said that it was best for her to come out but everyone else I talk to disagrees. If we talk more I can give more details but I need to know how to... Read more »

Roger Adams
Roger Adams answered on May 2, 2020

I would be more than happy to speak with you, as would many of the attorneys on this site. You need some help to get this done. This is difficult situation. When do you turn 18? Are you currently emancipated? Those would be good first steps. Do you think your mother would agree to you... Read more »

1 Answer | Asked in Family Law for Minnesota on
Q: Do I have a legal right to see my niece? Is there a way to get some sort of court order protecting my right

I have a younger "brother". He is my cousin but was legally adopted my parents when he was 16 years old. He has a child with a woman, who he is not/ was never married to. He may be seeking his visitation, I do not know what he is doing.

As the legal "aunt" is there a... Read more »

Roger Adams
Roger Adams answered on May 2, 2020

As the Aunt it would be very difficult to get visitation awarded. The court takes into consideration certain family relationships where the child has more of a parental relationship with say an aunt or a grandparent, but even then it is usually denied by the court. The best option is to try and... Read more »

2 Answers | Asked in Family Law for Minnesota on
Q: Can I temporarily suspend visits without getting an emergency order during corona virus?

Child has respiratory issues. Other parent and I made agreement at both households only people who live there would be around our children during social distancing and stay at home order due to corona virus. Other parent has broken our text agreement twice now and one time even had a party with... Read more »

Roger Adams
Roger Adams answered on Apr 30, 2020

This is a difficult situation. I attended a seminar with Civil judges and they stated how backed up the court is in regards to family law related issues. Judges are putting criminal cases at the top of the calendar. They are beginning to open the court virtual hearings but getting an emergency... Read more »

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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Mom has harrassment order on me but not reliefed to my son.she is using it as a tool.. I have joint legal and physical.

I am pretty sure he is at her parents right now.. so can I go there with current custody order I'll have sherriff meet me there to assist.. and take him for a day or 2 as long as she is not there.

She out this harrassment protection order on me to keep me from seeing him and then filed... Read more »

Roger Adams
Roger Adams answered on Apr 30, 2020

Child custody can be very difficult deal with. The most important thing you could do is seek an family law attorney. An attorney can petition the court in regards to your protective order. If you are unrepresented, the first step is to find a lawyer to help.

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