Get free answers to your Child Custody legal questions from lawyers in your area.
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
Will need to do custody aragements as well as the divorce it’s self
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.
Will need to do custody aragements as well as the divorce it’s self
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
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
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
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... View More
I make $110,000. My spouse makes $80,000. We have 2 kids.
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
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.
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.
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
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
answered on Sep 13, 2024
Who told you "not to because technically [you] have it and he has to file for parenting time."
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?
answered on Aug 13, 2024
The court and other party need to be promptly informed of your change of address.
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
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
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
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
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