Minnesota Child Custody Questions & Answers

Q: What If proper procedure was not followed by Minnesota statue.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Minnesota on
Answered on Aug 15, 2018
Joseph A. Gangi's answer
Speak with an attorney. If you were not properly served, you may be able to reopen the case.

Q: Will the father of my child get his modification of parenting time accepted?

1 Answer | Asked in Child Custody for Minnesota on
Answered on Aug 1, 2018
D. Patrick McCullough's answer
There are so many other facts an attorney would need to know. I suggest you contact an attorney versed in Family Law to help you.

Q: I left my husband we are not legally separated but he demands to see kids every other wknd do i have to send them

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Answered on May 4, 2018
D. Patrick McCullough's answer
If there is no court Order, and he is the father of the children, each of you have the right to have the children and equally each of you can "take" the children anytime each of you wants, until there is a court Order designating what days each of you have. Is he harmful to the children or is there some other reason you do not wish for him to have the children?

Q: I have full physical custody of my daughter She took off to her dads and won’t come back now he demanding support return

1 Answer | Asked in Child Custody and Child Support for Minnesota on
Answered on Apr 18, 2018
D. Patrick McCullough's answer
How old is your daughter? He has no right to do what he did if you have full physical custody; however depending upon your daughter's age and the circumstances as to why she left, will impact on what the court will do in this situation. You should hire an experienced family law attorney to assist you.

Q: How can I get legal custody of my 2 great-nephews whose mother and 2yr old sister were just killed in an auto accident?

1 Answer | Asked in Adoption, Child Custody and Wrongful Death for Minnesota on
Answered on Apr 17, 2018
D. Patrick McCullough's answer
Very, very sad for you. You should consider hiring an experienced family law attorney to help you. These type of proceeding are quite complicated and you will need expert help.

Q: I need help with my answer and counter, for custody and parenting time.

1 Answer | Asked in Child Custody for Minnesota on
Answered on Apr 13, 2018
D. Patrick McCullough's answer
There is much more to be concerned about than just the time elements in a Divorce case. You should consider hiring a family law attorney to assist you.

Q: My daughter was recently bitten in the face at her mom's boyfriend's house and received over 100 stitches, can I sue

1 Answer | Asked in Family Law, Personal Injury, Animal / Dog Law and Child Custody for Minnesota on
Answered on Apr 9, 2018
Lisa Watson Cyr's answer
Most likely, but you need to talk with an attorney as soon as possible to go over the specific facts of the unfortunate attack.

Q: Do I have the right to go see my child in school if i don't have custody of my child but I do pay child support?

1 Answer | Asked in Child Custody, Child Support, Education Law and Family Law for Minnesota on
Answered on Mar 26, 2018
D. Patrick McCullough's answer
There are two types of Custody-Legal and Physical and it depends upon what your Judgment and Decree says.

Q: My ex-wife has enrolled our children in counseling. Can she do this without my legal consent?

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Answered on Mar 19, 2018
D. Patrick McCullough's answer
You may not wish to cancel any appointments until you first consult with the counselor to see if your children need counseling; however, unless your Divorce Decree provides otherwise, if you have joint Physical and Legal custody, your X should not enroll your children in counseling without your consent.

Q: I was not married to the kids dad, but he did sign the birth certificates. Who has legal custody of the kids?

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Answered on Mar 17, 2018
Lucas Wynne's answer
Until a proceeding occurs, there are no real rules established as to the custody arrangement.

Q: If my ex is not allowed to Drink 24 hours prior to being around our child, how do I prove it when he breaks this rule?

1 Answer | Asked in Child Custody and Domestic Violence for Minnesota on
Answered on Feb 20, 2018
Jonathan Matthew Holson's answer
That would be difficult to prove. There are urine tests that can be used to determine if someone has previously consumed alcohol, even if they are not currently under the influence. The most common test is an ETG test. I am unaware whether these tests are available to general public or if they are only available to law enforcement/probation.

Q: Help with family law, i have an existing custody and visitation court order since 2009. How do I do a modification?

2 Answers | Asked in Family Law and Child Custody for Minnesota on
Answered on Feb 20, 2018
D. Patrick McCullough's answer
Assuming you are a good parent, the court would likely enforce and perhaps modify your time with your child now that you have moved out of state and the existing schedule is no longer practical. You will need to bring a Motion to be heard by a judge to make those changes.

Q: My ex is not a good dad or person. He's slapped his other two girls alot when I was with him. If he tries for parenting

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Answered on Feb 7, 2018
Lisa Watson Cyr's answer
The Court will determine parenting time after considering what is in the child's best interest based on the factors set forth in Minnesota Statute Section 518.17. Based on the information you have provided, it appears there may be good cause to seek supervised or restricted parenting time.

Q: What if my sons father is not following our stipulation agreement? Child support, his portion of expenses, etc....

1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Answered on Feb 6, 2018
Lisa Watson Cyr's answer
If your son's father is not paying his court-ordered child support, you have a few options. If he is working, you may want to apply for income withholding services through the appropriate county. You also have the option to bring a motion seeking to have your son's father held in contempt for non-payment of support.

Q: Can the custodial parent go on vacation with child for 30days?

1 Answer | Asked in Child Custody for Minnesota on
Answered on Dec 21, 2017
Lucas Wynne's answer
Unfortunately, the way you have worded the question creates conflicts which prevent it from being answered. You call one parent the "custodial parent" but say that there is no court order in place. If there is no court order in place, there are not set rules on these type of issues. If there is a court order in place, you need to follow the court order. It sounds to me like you may need a court order to be established. Hope that helps.

Q: If its court ordered 50% custody but father hasn't come around for over 16 months, can we leave the state?

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Answered on Dec 19, 2017
Lucas Wynne's answer
The answer to this should be in your court order. If not, you will need to contact an attorney to interpret the law for you.

Q: What forms do we need to establish joint custody of our daughter since we live in the same household?

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Answered on Dec 19, 2017
Lucas Wynne's answer
Go to your local courthouse and ask for the family law forms for your specific issue or go to the Minnesota Courts website and click on the forms section. All the information you need will be available in the packets provided by either.

Q: If I share custody with my ex and my 10 year old son no longer wants to live there, does he have a voice?

1 Answer | Asked in Child Custody for Minnesota on
Answered on Oct 3, 2017
Lucas Wynne's answer
Unfortunately, no attorney can answer this question without seeing the documentation in your case and knowing more.

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