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
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 »
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 »
It would be wise to at least set up a consultation with a family law attorney.
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 »
You should review your custody agreement with an attorney. They will be able to accurately advise you.
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 »
You should retain an experienced family law attorney to help you navigate these issues.
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 .
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.
I think your post has at least one typo in it which makes it difficult to understand and impossible to answer. Try posting again.
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 »
This question is very hypothetical. You can use any evidence in court that you can get in over objections.
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 »
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.
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?
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 »
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?
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 »
Is there any way to appeal or overturn the original court order from 2017?
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
My step dad goes into blind rages and verbally and emotionally abused me and kicks me and my siblings out of the house, when I leave the house because I don’t feel safe which is legal in Minnesota they threaten to take away everything like my phone and car to get me to come back to where I... Read more »
First let me say how sorry I am for this difficult situation you are in, and you should seek assistance. As far as emancipation, Minnesota Statutes do not provide either the grounds or a procedure for emancipation. Minnesota case law has established that a minor can be emancipated by a legal... Read more »
I want to get emancipated because of failure to parent, can I get adopted by someone else, or is there a different process to that?
Yes. You are legally considered to be an adult, however Minnesota law is clear:
259.241 ADULT ADOPTION.
(a) Any adult person may be adopted, regardless of the adult person's residence. A resident of Minnesota may petition the court of record having jurisdiction of adoption... Read more »
she 16 almost 17
She can certainly petition the Court for emancipation. There is no real bright line test, but the Courts have a lot of discretion in declaring a minor emancipated. Some of the factors include the minor’s living situation, consent of the parents and the overall situation or actions created by the... Read more »
I'm not 100% sure what you mean by "custodianship," but child support obligations end when the child has BOTH turned 18 and graduated. If still in secondary school, the obligation can continue until age 20.
She states to me weather she takes one or not or passes or not it dont matter cause I can't take them because I only have joint legal custody. What can I do? Parenting time is supposed to stop until a clean test is provided but law enforcement can't help they say because she is custodial
Does the custody agreement include an order for parenting time? If not, what is the purpose of the drug-test provision? Does the agreement set forth penalties for failing to pass a test (in general, failure to take a test is treated the same as failing to pass)?
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
