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Minnesota Child Custody Questions & Answers
2 Answers | Asked in Child Custody, Divorce and Family Law for Minnesota on
Q: I’m trying to start the process for divorce and I’m looking for prices on starting that

Will need to do custody aragements as well as the divorce it’s self

Robert Kane
Robert Kane
answered on Sep 10, 2023

Limited-scope representation is 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 aspects of a case,... View More

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2 Answers | Asked in Child Custody, Divorce and Family Law for Minnesota on
Q: I’m trying to start the process for divorce and I’m looking for prices on starting that

Will need to do custody aragements as well as the divorce it’s self

Robert Kane
Robert Kane
answered on Sep 10, 2023

If you are asking about attorney fees, it will vary. Generally, a relatively sizeable retainer is required. After a few calls, you will have an idea of the costs. Some attorneys are reasonable and some are not. Some attorneys are flexible and some are not. I am prevented from quoting figures.

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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: My granddaughters by court order have to spend there summers in California with there father. Can they refuse?

They have been going to California for about seven years now. They are 17 and 13 years old and don't want to spend the whole summer there. Is there anything we can do to help them?

Corwin Kruse
Corwin Kruse
answered on Jul 3, 2023

It really depends on the facts of the case and how parenting time could be restructured. It is very possible that ending summered in California would reduce parenting time enough that the court would consider it a modification of custody, which would likely necessitate showing endangerment.... View More

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: My granddaughters by court order have to spend there summers in California with there father. Can they refuse?

They have been going to California for about seven years now. They are 17 and 13 years old and don't want to spend the whole summer there. Is there anything we can do to help them?

Robert Kane
Robert Kane
answered on Jul 1, 2023

The girls' wishes should be considered, but it isn't their decision. The parents will need to modify the custody order to reflect any changes. If an agreement can be reached it should be fairly simple for an attorney.

Refusal to comply with the current is a violation, regardless...
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1 Answer | Asked in Adoption, Child Custody and Family Law for Minnesota on
Q: after over 4 years of zero contact, can my child’s biological father demand that he sees her?

My daughter is almost 5.

Her father has not been involved besides about two weeks after child support was originally established. He spent a couple hours with her 3 times when she was 6 months old.

We had mediation at that time and we agreed to start out with a couple hours a few... View More

Robert Kane
Robert Kane
answered on Jun 9, 2023

Yes, the father can seek parenting time. If you are unable to come to an agreement or choose to dig your heels in a judge will ultimately make the decision. It very unlikely a judge will not grant some parenting time. The judge will weigh numerous factors to decide upon a plan. Reasonable... View More

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: When filing for parenting time, do I need to serve the other party before filing?
Robert Kane
Robert Kane
answered on Jun 3, 2023

Although additional facts may dictate exactly what you can do, you need to serve the other party.

In order to ensure the best possible schedule, you need to consult with an attorney, at least in a limited role. Far too often, an individual leaves court disappointed because they weren’t...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Minnesota on
Q: We are planning on doing 50/50 custody. Will I have to pay child support since I make more then my spouse?

I make $110,000. My spouse makes $80,000. We have 2 kids.

Robert Kane
Robert Kane
answered on May 20, 2023

It's probable, that you will have to pay child support since you make more then the other parent. "The Minnesota Child Support Division bases the Child Support Guidelines Calculator on the Minnesota Child support guidelines statute." You should input your data to determine your... View More

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Are mom's automatically awarded sole physical and legal custody if the parents were never married in Minnesota.

The dad is on the birth certificate but there's never been anything that's gone to court and there is no arrangement. He also signed a piece of paper giving me more custody when I had to get medical assistance. My son is 10 now.

Corwin Kruse
Corwin Kruse
answered on Nov 1, 2022

If never married, and there is no adjudication of paternity, the mother has sole physical and legal custody. The father has no child support obligation and no right to parenting time, unless and until a court orders it.

1 Answer | Asked in Family Law, Adoption and Child Custody for Minnesota on
Q: How can my new husband adopt my daughter who’s been fatherless for 3 years he don’t reach out to her in 3 years ?

He don’t support her in any way he don’t call to talk he don’t reach out to me period my new husband has been there for her how can I get my new husband to adopt her legally

Robert Kane
Robert Kane
answered on Jan 6, 2024

The father will need to consent to the step-parent adoption or you will need to convince the judge to proceed without it. The judge will need more information than just your statement.

2 Answers | Asked in Child Custody and Traffic Tickets for Minnesota on
Q: Can a Guardian Ad Litem see a pending traffic citation? I plan to contest the citation but have not scheduled a hearing.
Robert Kane
Robert Kane
answered on Dec 9, 2023

A pending traffic citation is not confidential information. Prepare to address the issue.

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1 Answer | Asked in Child Custody for Minnesota on
Q: Custody battle: co parenting class proof from mom was emailed in with evidence in may and they just today saw it

I have a friend who is in a custody battle and both parents had to take a co parenting class and provide prof. My friend emailed her proof of class and important evidence in may. Today she received a letter saying neither party have done it. She called and told them she sent it in and found out... View More

Robert Kane
Robert Kane
answered on Oct 6, 2023

I am sorry, but you don’t provide enough information. Who is "they"? Why didn't she bring a copy to court? Did she even have court? She apparently needs help, but I don't know where the case is at.

1 Answer | Asked in Child Custody for Minnesota on
Q: The state of Minnesota closed the case and are not paying her anymore but they are still taking my money is this legal?

I gave her 3 insurance policies she never reported the income to the state

Robert Kane
Robert Kane
answered on Oct 5, 2023

You may owe money for assistance she already received. I am not sure what her three insurance policies have to do with you.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Can I see my daughter if there is no paperwork against me.

My ex has a ofp against him and there is no custody order for me.

Robert Kane
Robert Kane
answered on Aug 28, 2023

If there's no OFP concerning you, you should be able to see your daughter.

2 Answers | Asked in Divorce, Child Custody and Family Law for Minnesota on
Q: I am looking for someone to help with my significant other and his ex she does not follow the decree and breaks the rule

She has taking the kids to numerus medical tests that are un needed wont communicate and with holds medical information from him all the time. schedules appointments with out talking or notifying him for medical reasons and extracurricular. we need she wont work with us and we cannot get the court... View More

Robert Kane
Robert Kane
answered on Jul 21, 2023

He has several options when the other parent isn’t following a court order. He should contact family directly to find one willing to work with him. Some attorneys are affordable. Some attorneys are not.

Limited-scope representation is when you and a lawyer agree that the lawyer will...
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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Clarification of parenting time on July 4th holiday since it is midweek

The parenting agreement says ‘4th of July and adjacent weekend (if midweek - Tuesday, Wednesday, Thursday - from 9a.m. to on 7/4 to 9 a.m. on the 5th). Since this year the 4th of July falls on a Tuesday, does it include an adjacent weekend or the midweek stipulation of 9am from the 4th to 9am on... View More

Corwin Kruse
Corwin Kruse
answered on Jun 29, 2023

It would be the midweek schedule. That is specifically differentiated from years when July 4 falls directly adjacent to a weekend.

1 Answer | Asked in Adoption, Child Custody and Family Law for Minnesota on
Q: Hello, I have been taking care of my nephew, every weekend, since his birth( he is 2.5). What could I do to legally

A guardian, his mother does not work, and really does not provide for him.

Corwin Kruse
Corwin Kruse
answered on Jul 14, 2022

You could bring a motion for custody as a de facto custodian, if you’ve cared for the child at least six months in the last 24 (need not be consecutive), however the statute also requires that you be the “primary” caregiver. If the child is with you on weekends and with mom during the week,... View More

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: If I have a court order with my kids mom Already in place stating that I get her every other weekend

If my kid's mother withholds her is that considered contempt of court My daughter is 11 is she allowed to choose whether she comes to my house or not

Corwin Kruse
Corwin Kruse
answered on Jun 22, 2022

It isn’t generally handles as a contempt issue at this point. You would bring a motion to enforce the decree. If she still withholds her, you could then seek contempt.

You can also ask that she be ordered to pay your attorney fees.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: can parent take minor out of state vacation without permission
Corwin Kruse
Corwin Kruse
answered on May 29, 2022

It depends upon the language of the Judgment and Decree. If it says nothing, you are generally free to take them. The Decree may still require you to notify the other person and provide contact information for everywhere you’re staying.

1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Minnesota on
Q: I am a victim of an emotionally abusive and cruel wife, and i live in minnesota. She is currently out of the house

She has gaslighted me, attempted AND succeeded to ruin my reputation, my career, and has used knowledge of very personal matters (like past sexual and physical abuse) against me and even took my kids and dogs to my abusers house 4 weeks ago (my parents) and told them all of my secrets. I asked her... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 16, 2022

There isn’t reality a cogent question here. But it seems to me that the place to start is by reaching out to some family law attorneys about pursuing a divorce here.

1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Q: Unmarried parent, the mom is going out of state on vacation and told dad he could take child for the time being.

Mom changed her mind last minute and is bringing her to grandmas house. Is the dad able to legally have that custody time if the mother is out of state for that week. There is no court ordered custody agreement.

Corwin Kruse
Corwin Kruse
answered on May 7, 2022

If there is no court-ordered custody or parenting time, dad has no legal rights to time with the child.

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