Get free answers to your Child Custody legal questions from lawyers in your area.
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 
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
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
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
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
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
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
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
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
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
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.
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.
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
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
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
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
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
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
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
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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
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
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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
I recently moved to South Dakota after fulfilling my legal obligations, upon hearing that my mother, who has custody of my children, was diagnosed with cancer. I originally lived in Minnesota, where my son's initial court hearings were held, and my daughter's court proceedings took place... View More
answered on Feb 25, 2025
Initially, you will need to determine which state has the case now and what the current orders are. You provide many details, but the orders are controlling.
He was given visitation every other weekend. He has never utilized that, as he moved in 2021 to North Carolina. I now want to move out of state (oklahoma) from MN, and he has issues with me moving. I am moving to better my financial situation with my 12-year-old and me. The orig. Visitation has... View More
answered on Feb 3, 2025
Based on the facts in this post, it seems unlikely he could prevent her from moving. He may, however, state facts that are not included here. The judge will take everything into consideration in determining what is in the best interest of the child. Rob Kane Eagan Minnesota Family Law Attorney... View More
I was left penniless and homeless in July 2023. I thought the judge would be fair so represented myself but my ex spent 40k on an attorney and the results are not great. He's now withholding my children and my belongings from me. I haven't spoken to my children in 4 months, and I was... View More
answered on Dec 9, 2024
For him to spend $40,000 on attorneys and you nothing seems unusual. I am sorry, but you cannot expect an attorney to donate > $40,000 in legal services to clean up this situation for you. I am not even sure how much can be done. I suggest you hire a lawyer to evaluate your situation to see... View More
answered on Nov 22, 2024
Unfortunately, you don't give me much information to go on. I assume their his children too. If not, you don't have to worry about anything. Otherwise, has it been established he is the father? Are you extremely well off where money isn't an issue? Much more information would be... View More
She was 14 then. I had her since birth and she did very well with me, straight As in school, no trouble in school once, good friends and a good kid. Since she's declined in grades, gets in trouble at school, her dad has abused several women including myself, he treats her like he's a... View More
answered on Oct 14, 2024
It may be possible to get custody back though she will be 17 in a week. Of course, a judge will consider facts you haven't mentioned here. Will you have an attorney this time?
answered on Oct 1, 2024
If you were representing yourself, you don't get sworn as if you were as witness.
I am not on my older child's birth certificate, but I am on my youngest. She is threatening to leave the state.
answered on Sep 29, 2024
It seems you will need to establish paternity as to the oldest and get a custody order as to both. Take care. Rob Kane. Minnesota Family Law Attorney. You can get the help of a limited-scope lawyer, which means that the lawyer helps you as a coach or advisor, and you still represent yourself, or... View More
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