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Minnesota Child Custody Questions & Answers
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

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 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.

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.

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