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Minnesota Child Custody Questions & Answers
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.

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.

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: 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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2 Answers | 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 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: 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.

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