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Minnesota Child Custody Questions & Answers
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.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Can my daughter father take me to court to take my daughter out of state. And she don’t want to go anyway. She is 13

I have legal and sole custody of my daughter

Corwin Kruse
Corwin Kruse
answered on May 1, 2022

If he is adjudicated the father, generally yes.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: I need to know if I can walk off with my son.

I was never married assign the recognition of parentage a s with his mother child support has been established but yet she's making me go to someplace safe and pay to see my son she's mentally emotionally abusive my son is petrified of her puts me in jail as she lies to law every

Corwin Kruse
Corwin Kruse
answered on Apr 22, 2022

I am assuming that child support was formally established via a paternity order. Did the order also grant parenting time? That will control what you can and cannot do as well as how much time you have with the child.

If there is no paternity order (and child support is thus informal), you...
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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: If my ex gets an ofp against me and I have 3 kids, does that mean I have custody and can move out of state? Unmarried

My ex and I broke up after he assaulted me and broke the order after being released from jail. He claims I destroyed his things and moved in with ex and got an order for protection against me. Can I move states with my kids legally? He has domestic abuse charges and drug and alcohol problems. He... View More

Corwin Kruse
Corwin Kruse
answered on Apr 15, 2022

Your info says you are in Indiana, so Minnesota law isn’t applicable.

That said, in MN, if he has court-ordered parenting time, you cannot move out of state without his agreement or court order.

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: How do I go about getting a new court order for visitation for my custody case? 1st Party refusing to cooperate.

The paternal grandmother of my daughter has custody right now. Over 2 years ago, the court granted me visitation, but she has refused, and/or made it very difficult. She has emotionally abused me and alienated my child from me for 2 years now. I am not allowed to talk to her, send her gifts, I got... View More

Corwin Kruse
Corwin Kruse
answered on Nov 2, 2021

You bring a motion in court asking that the parenting time schedule be modified.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Minnesota on
Q: Is it possible to have a judge dismiss an ofp as evidence in a child custody case.

Currently going for custody of my daughter, the mother had an ofp against me through out her pregnancy citing that I abused her on ONE occasion, she filed the ofp at least a month after the alleged abuse and the police were never called.

To my understanding everything she said in the ofp... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 19, 2021

The short answer is no. I’m not sure which attorneys told you that you shouldn’t hire a lawyer for the OFP hearing, but that wasn’t good advice. There is no way to unring the bell and have the judge ignore that a different judge made a finding that there was domestic abuse.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Why can my ex have his girlfriend & her kids with on my kids supervised visits with their dad when they don’t want them

From the start my kids have not wanted dads gf and kids with on their supervised visits, but he Dosent care or acknowledge their feelings/wants. Situations keep happening & things keep getting worse and he will not remove the problem for the sake of his kids. What else can I do for my kids?

Corwin Kruse
Corwin Kruse
answered on Sep 25, 2021

It depends upon what restrictions are put in his parenting time in the divorce decree. If it doesn’t prohibit his GF and kids, he can bring them unless you bring a motion to modify and can demonstrate that a prohibition is in your kids’ best interests.

1 Answer | Asked in Family Law, Child Custody and Child Support for Minnesota on
Q: My ex and I were never married and we both want to do 50/50 with our two kids.

She has them on her medical insurance and I pay the daycare. We are still currently living together but I’m looking at moving out but in the same town so that the convenience for her if she needs help with anything and for the kids. I just want to know how we’d go about making an agreement or... View More

Corwin Kruse
Corwin Kruse
answered on Jun 2, 2021

You can jointly petition the court to establish custody, parenting time, and child support. If paternity has not been adjudicated, you need to include that in your petition.

Daycare is one element of child support, as is insurance, and would be divided between you. You can get a...
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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Other parent always late, is it ok when I do this?...

I have a question regarding a custody agreement. It's joint physical joint legal. Custody order exchange on Sundays at 11:00 a.m. however the mother is habitually late all the time and has recently even missed her scheduled Holidays. Makeup days as written in custody order must be mutually... View More

William Bailey
William Bailey
answered on Jan 4, 2021

You should review your custody agreement with an attorney. They will be able to accurately advise you.

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: Is judge allow to deny proof of evidence of supporting arguments ?

My fiancé is having problems with the mother of his child with custody she hasn’t follow any court orders and refusing to give him his parenting time but he has proof of it judge doesn’t allow him to present it in court .

William Bailey
William Bailey
answered on Nov 25, 2020

There could be an issue with the way he is attempting to present the evidence. Courts have specific rules about how evidence can be entered into the record. He should hire an attorney to assist because attorneys know those rules.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: After how long if a china case is closed can you still persue a lawsuit
William Bailey
William Bailey
answered on Nov 24, 2020

I think your post has at least one typo in it which makes it difficult to understand and impossible to answer. Try posting again.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Can I use video/audio that my step son recorded of his mother and her boyfriend fighting as evidence in court?

My 11 year old step son has sent his dad and I an audio recording of his mom and her boyfriend fighting (video really but it is in his pocket so only audio is usable). They break several court orders from past custody disputes. When we asked him why he recorded this he said he wanted to make sure... View More

Lucas Wynne
Lucas Wynne
answered on Oct 14, 2020

This question is very hypothetical. You can use any evidence in court that you can get in over objections.

2 Answers | Asked in Criminal Law, Family Law and Child Custody for Minnesota on
Q: If someone places an Ofp on you, are they allowed to stop by your place of residents?

And have their boyfriend come to the door To drop off a gift? Also are they allowed to try to contact you via 3rd party considering they are the ones who placed the order of protection on you?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 22, 2020

An OFP is a one way street. The protected party is not prohibited from doing anything. They can call, text, send gifts, visit etc. None of that is a violation of the OFP. However, if the other party responds to contact initiated by the protected party, it is a crime. A first violation in 10... View More

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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: My ex has not allowed me to see my kids during the stay at home order in MN

Now she says I can only see them Outdoors and 6' away. I have a court order granting me visitation without stipulation other than date/time arrangement. I work from home and have not ventured out during this time. I think I should be allowed to have my kids in my home. Can she mandate this?

Sonja M. Nyberg
Sonja M. Nyberg
answered on Jun 1, 2020

No she cannot and by doing so she is in violation of the court order as it applies to your parenting time. I currently know of no judicial officers who are suspending a parent's time with the children, or putting such drastic restrictions upon how and where it occurs, because of the pandemic.... View More

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: I’m trying to get custody of my brother once I turn 18 because my mother is very unstable. I need to know the steps.

She was just in jail for Meth, Running from law, Hiding a fugitive and driving when she doesn’t have a license. We live in MN. Her probation officer said that it was best for her to come out but everyone else I talk to disagrees. If we talk more I can give more details but I need to know how to... View More

Roger Adams
Roger Adams
answered on May 2, 2020

I would be more than happy to speak with you, as would many of the attorneys on this site. You need some help to get this done. This is difficult situation. When do you turn 18? Are you currently emancipated? Those would be good first steps. Do you think your mother would agree to you... View More

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Mom has harrassment order on me but not reliefed to my son.she is using it as a tool.. I have joint legal and physical.

I am pretty sure he is at her parents right now.. so can I go there with current custody order I'll have sherriff meet me there to assist.. and take him for a day or 2 as long as she is not there.

She out this harrassment protection order on me to keep me from seeing him and then filed... View More

Roger Adams
Roger Adams
answered on Apr 30, 2020

Child custody can be very difficult deal with. The most important thing you could do is seek an family law attorney. An attorney can petition the court in regards to your protective order. If you are unrepresented, the first step is to find a lawyer to help.

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: My custody agreement states I can request a drug test and I have requested 2 in the last few months and the mother wont

She states to me weather she takes one or not or passes or not it dont matter cause I can't take them because I only have joint legal custody. What can I do? Parenting time is supposed to stop until a clean test is provided but law enforcement can't help they say because she is custodial

Corwin Kruse
Corwin Kruse
answered on Mar 23, 2020

Does the custody agreement include an order for parenting time? If not, what is the purpose of the drug-test provision? Does the agreement set forth penalties for failing to pass a test (in general, failure to take a test is treated the same as failing to pass)?

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: I found out the court date from my sons dad later last night my son told me he was going back to live with him...I then

Spoke to his dad telling the court hearing was yesterday at 130pm I was never served papers or anything about the court hearing

Corwin Kruse
Corwin Kruse
answered on Feb 25, 2020

I would contact the court clerk's office and take a look at what documents have been filed. See if there is an affidavit of service. If not, you can raise that to the court.

2 Answers | Asked in Family Law and Child Custody for Minnesota on
Q: I was never served my court papers by there farther or anyone. No mail at my house stating this either. Now the courts

Are trying to give my boys right to their dad. Can I fight this at all?

Corwin Kruse
Corwin Kruse
answered on Feb 25, 2020

It sounds like a custody motion. You can certainly oppose that.

If you are sure that you have never been served, then the case is not properly before the court. If, however, you have been served, you will need to make an appearance or the court can rule against you by default. If you...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Q: What to do if dad ends up having child more and still paying support to mom and she quits her job?

Hello, my bf is court ordered to have him on weekends and she has asked us to have him more. If we don’t have him his grandma does . Who doesn’t live with mom. We seem to be sharing custody with grandma not mom. Mom voluntarily quit job. And we’re still paying her $400 dollars a month. Is... View More

Corwin Kruse
Corwin Kruse
answered on Feb 12, 2020

you cannot stop making payments unless the court modifies the child support order. You would need to go to court and ask first that parenting time be modified to reflect the actual situation, and then ask that support be modified per the new schedule. If mom voluntarily quit, income can be... View More

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