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Minnesota Family Law Questions & Answers
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
Jason Kohlmeyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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, Arbitration / Mediation Law, Real Estate Law and Family Law for Minnesota on
Q: Can I request judicial help for spouse-neglected mortgage payments during a divorce?

I'm currently going through a divorce with mediation ordered by the judge. My spouse and I both have our names on the mortgage, but my spouse has begun to neglect the payments. The shared debt includes plans to sell the home. Is there something I can request from the judge that will help me... View More

Robert Kane
Robert Kane
answered on Jun 2, 2025

Yes. You can request judicial help (temporary order) for spouse-neglected mortgage payments during a divorce. Spouses have a fiduciary duty to act in the best interest of the other spouse regarding assets during the divorce process. Of course, your specific circumstances will dictate what you... View More

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3 Answers | Asked in Divorce, Arbitration / Mediation Law, Real Estate Law and Family Law for Minnesota on
Q: Can I request judicial help for spouse-neglected mortgage payments during a divorce?

I'm currently going through a divorce with mediation ordered by the judge. My spouse and I both have our names on the mortgage, but my spouse has begun to neglect the payments. The shared debt includes plans to sell the home. Is there something I can request from the judge that will help me... View More

Jason Kohlmeyer
Jason Kohlmeyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2025

In your situation, make sure you talk to your lawyer right away about requesting a temporary relief hearing (sometimes called a motion for temporary relief). These hearings are meant to address urgent issues like missed mortgage payments or custody if you have kids while the divorce is still... View More

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2 Answers | Asked in Divorce, Business Law and Family Law for Minnesota on
Q: How can I protect myself financially in a divorce in Minnesota?

I would like to pursue a simple divorce, but my husband and his father, who is an attorney, both value money greatly, and I am concerned about protecting myself. My name is on the title to our house, but my husband pays the mortgage. I am worried because my husband does not want to discuss divorce... View More

Robert Kane
Robert Kane
answered on Apr 27, 2025

To begin, you can familiarize yourself with the law and process by visiting the Minnesota Judicial Branch's website. See below.

Then you can start calling attorneys to find one you are comfortable with helping you through the process. Once you are represented you won't need to...
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2 Answers | Asked in Animal / Dog Law, Divorce and Family Law for Minnesota on
Q: What Minnesota statutes address pet ownership and visitation rights in divorce?

In our Minnesota divorce, my husband bought our shepherd dog during the marriage, and he considers the dog his, which was acknowledged during the marriage. However, I chipped the dog in my name and paid for all vet bills. Recently, the husband stopped honoring our agreed visitation schedule,... View More

Robert Kane
Robert Kane
answered on Apr 26, 2025

Minnesota law classifies your pets as property. There are no statutes that specifically address pets and visitation rights in a divorce. It seems your dog is material property. I am well aware this can be difficult, but a judge will not treat this like a child custody matter. If you want to go to... 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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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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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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3 Answers | Asked in Divorce, Family Law and Contracts for Minnesota on
Q: Divorce: Can ex-spouse live in house and still split bills in MN?

I live in Minnesota, and my wife wants a divorce but wishes to continue living in our house, also wanting to split all the bills as we do now. I currently pay for all the bills, while she saves her income in her bank account. Once our kids move out, do we continue splitting everything?... View More

Robert Kane
Robert Kane
answered on Apr 3, 2025

Each of you have an obligation to maintain the marital property. The obligations of each spouse after the divorce is final will be set forth in the judge or agreement if properly draft. Child support obligations are distinct from the marital property issues. You are commingling different issues... View More

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2 Answers | Asked in Family Law for Minnesota on
Q: How can I find out which documents are needed to reinstate parental rights?

I am trying to reinstate my parental rights but was denied because my application was incomplete. I filed something incorrectly or missed certain documents. Unfortunately, I have not received clear information on which documents are missing or needed. How can I find out which documents are required... View More

Robert Kane
Robert Kane
answered on Mar 12, 2025

Quite simply you will need to devote your time and efforts at the law library to find out which documents are needed to reinstate your parental rights or hire an attorney. These petitions are not just a few fillable forms with a checklist. I apologize for being blunt.... 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 Divorce and Family Law for Minnesota on
Q: About legality of my divorce?

When I signed my divorce papers I was a vulnerable adult. Is that legal and do I have a certain amount of time to nullify it?

Robert Kane
Robert Kane
answered on Dec 17, 2024

An attempt to re-open a dissolution of marriage case most likely has to be done within one year. You don't state what your objective is. Do you want to remain married or want an opportunity to begin the process anew? It will certainly be challenging, time consuming and expensive.

Rob...
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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 Domestic Violence for Minnesota on
Q: After court I noticed that the DANCO order stated that I can’t trespass to my own home

After court proceedings were over I noticed that the DANCO ordered that I can not trespass to my own home. This was not brought up in court. I have a disabled child that needs to be home and court is still weeks away. I called everywhere with no answers. The pub def said she’d work on it but has... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 25, 2024

No, you cannot just show up to court and talk to the judge. There is a process that this would need to go through to modify the DANCO to allow you to go home. Modification would require a formal motion that would be served on the prosecutor and might also require an actual court hearing. Until... 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 Divorce, Domestic Violence and Family Law for Minnesota on
Q: Desperately needing help to contest an erroneous divorce judgment & pursue a domestic abuse case.

1) My wife was physically & emotionally abusive with me for several years—especially from Spring ‘20 until she walked out in Nov. ‘22. Her abuse caused damage to a hip I had replaced in ‘19 & has left me dealing with the joys of complex PTSD. I was a scared, emotional wreck &... View More

Robert Kane
Robert Kane
answered on Aug 9, 2024

Unfortunately, it seems you are in a very difficult position. I apologize, but I am not sure what guidance can be given on a free online Q and A. Trying to set aside the default judgment may be an option if it wasn’t that long ago. If she left you in '22, an OFP seems untimely, unless the... View More

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 Divorce and Family Law for Minnesota on
Q: I am still on the mortgage that my X lives in after 15 years being divorced. This has caused me alot of emotional stres

Hard getting into a place when i show obligation to mortgage in a house i dont live.

I've lived with my kids, my sister etc. Is he in contempt of court ? can i sue him ? What can I do

Robert Kane
Robert Kane
answered on Jul 6, 2024

I have no doubt it is stressful. That is why I and other attorneys try to ensure everything is final (or easily finalized) when the judgment is signed. Did you have an attorney 15 years ago?

Obviously, you can try to convince him to take you off the mortgage yourself. You could hire an...
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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

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