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Minnesota Child Custody Questions & Answers
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 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 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 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

3 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Minnesota on
Q: Facing 5 felony charges from false accusations by husband's ex-wife in custody battle. Seeking advice on plea deal vs. t

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

Thomas C Gallagher
Thomas C Gallagher
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

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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: In family court can a Referre dismiss a case after trial with Prejudice and simultaneously order relief. The Petitioners

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

Robert Kane
Robert Kane
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

1 Answer | Asked in Child Custody, Divorce and Family Law for Minnesota on
Q: I need help with my child custody case following divorce. My ex is withholding my children and belongings. Who can help?

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

Robert Kane
Robert Kane
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

1 Answer | Asked in Child Custody and Child Support for Minnesota on
Q: I am planning on leaving my fiance with my two children. How would I go about this when it comes to custody?
Robert Kane
Robert Kane
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

1 Answer | Asked in Child Custody for Minnesota on
Q: My daughters father got custody of her by default 2 years ago when I missed a hearing and didn't have a lawyer.

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

Robert Kane
Robert Kane
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?

2 Answers | Asked in Child Custody, Divorce and Family Law for Minnesota on
Q: Had court today 4 a motion 4 modification of an OFP. None of us were sworn in under oath. Was this a legal court case?
Robert Kane
Robert Kane
answered on Oct 1, 2024

If you were representing yourself, you don't get sworn as if you were as witness.

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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: I am not married to the mother of my 2 children in MN. What do I need to do to have my rights?

I am not on my older child's birth certificate, but I am on my youngest. She is threatening to leave the state.

Robert Kane
Robert Kane
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

1 Answer | Asked in Child Custody for Minnesota on
Q: Does mother have full custody if no custody has been established?

My son is 9, his dad and I have never been married and never established custody through the court. He is on the birth certificate and we signed a ROP at birth. We have always agreed on a schedule. He has a past of abuse, anger issues etc to not only myself but others. I feel he is not acting in... View More

Robert Kane
Robert Kane
answered on Sep 13, 2024

Who told you "not to because technically [you] have it and he has to file for parenting time."

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Minnesota on
Q: I'm just starting my divorce and moving to a new residence close to my current one.

Do I have to disclose my move to the judge and my soon to be ex before I'm moved into my new residence before the divorce is finalized?

Robert Kane
Robert Kane
answered on Aug 13, 2024

The court and other party need to be promptly informed of your change of address.

1 Answer | Asked in Child Custody for Minnesota on
Q: Recently gained full sole and physical custody after CHIPS case against mom
Robert Kane
Robert Kane
answered on Aug 12, 2024

I wish you and your child the very best.

1 Answer | Asked in Child Custody and Civil Rights for Minnesota on
Q: What information on an Out of Home placement plan does CPS have to share with me after the case is over?

I recently had a cps case and was forced into a voluntary tpr and the case is closed. Now following i have requested my Out of Home placement plan, they sent it to me and most of it is blacked out due to other peoples names and information on it, which i know is the law. However, i have asked them... View More

James L. Arrasmith
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answered on Jul 28, 2024

After a CPS case is closed, you are entitled to access certain information regarding the Out of Home placement plan. Generally, they must provide you with details relevant to your case and your child’s well-being, excluding any sensitive information about other individuals. If most of the... View More

1 Answer | Asked in Child Custody, Civil Rights, Domestic Violence and Libel & Slander for Minnesota on
Q: How can I prove I am a victim of domestic abuse from my ex spouse if o never reported it to the police in MN

I was granted a harassment order against my soon to be ex spouse for the years of keeping me basically prisoner in my home, psychological abuse, emotional abuse, I am on disability and he refused to allow me to keep up my medical care, and more. The trial for the divorce has ended and the... View More

James L. Arrasmith
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answered on Jul 28, 2024

Proving domestic abuse without police reports can be challenging but not impossible. You can start by gathering any available evidence, such as text messages, emails, or voicemails that show abusive behavior. Medical records that indicate injuries or psychological harm can also support your claims.... View More

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: I'm in a situation where im uncomfortable with my parents, is it legal to stay at another house for safety without per.?

I am safe but sometimes question that statement for my mental health and do feel uncomfortable around some of my parents. They have told me im fine and will not give permission for me to stay with someone. I feel like I need out of the house for a tinny bit for safety and to feel comfortable again.... View More

Robert Kane
Robert Kane
answered on Jul 18, 2024

If you are a minor, you parents are in control. If you are being abused reach out trusted authority figures.

1 Answer | Asked in Child Custody and Child Support for Minnesota on
Q: Which lawyer can I contact about Ex-spouse paying for a life insurance policy without my consent?

I've been divorced for 27 years, and a month ago, I found out that my ex is paying into a life insurance policy without my consent. He also had the policy information going to his address in my name. Can you direct me to the appropriate lawyer to assist me with this?

Robert Kane
Robert Kane
answered on May 24, 2024

This is my area of expertise, but there may not be anything wrong or even inappropriate. Contact your own insurance agent first to get a free opinion.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Minnesota on
Q: What is the deadline to start and file an appeal in a custody case in Minnesota?

There is an order dated entered on March 21, 2024.

Robert Kane
Robert Kane
answered on Apr 24, 2024

In most cases, the deadline for filing is 60 days from the date of the final court order. Your case may differ depending on your specific case.

Rob Kane

Eagan Family Law Attorney Minnesota

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.

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