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Minnesota Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Minnesota on
Q: Can the custodial parent go on vacation with child for 30days?

Child has been visiting father for 6-8 weeks straight. Mother would like to spend a 30 day vacation with child. Can father withhold child from mother? Can mother have her vacation with child. There is no custody order in place. However father is trying to not give mother crucial time with child.

Lucas Wynne
Lucas Wynne answered on Dec 21, 2017

Unfortunately, the way you have worded the question creates conflicts which prevent it from being answered. You call one parent the "custodial parent" but say that there is no court order in place. If there is no court order in place, there are not set rules on these type of issues. If there is a... Read more »

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: If its court ordered 50% custody but father hasn't come around for over 16 months, can we leave the state?

Moving is a better opportunity for us. Across country. Dad has suicide record and jail record with domestic and harassment on me within 5 years

Lucas Wynne
Lucas Wynne answered on Dec 19, 2017

The answer to this should be in your court order. If not, you will need to contact an attorney to interpret the law for you.

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: What forms do we need to establish joint custody of our daughter since we live in the same household?

Not married. Dont plan on it either.

Lucas Wynne
Lucas Wynne answered on Dec 19, 2017

Go to your local courthouse and ask for the family law forms for your specific issue or go to the Minnesota Courts website and click on the forms section. All the information you need will be available in the packets provided by either.

1 Answer | Asked in Child Custody for Minnesota on
Q: If I share custody with my ex and my 10 year old son no longer wants to live there, does he have a voice?
Lucas Wynne
Lucas Wynne answered on Oct 3, 2017

Unfortunately, no attorney can answer this question without seeing the documentation in your case and knowing more.

1 Answer | Asked in Child Custody for Minnesota on
Q: my sons dad doesnt have legal rights, & wasn't around for 2 yrs. hes taking me to court what is the outcome goin to be?

He wasn't there during the pregnancy, he's not on the birth certificate, we were never married and he didn't come around after a year and 3 months after my son was born. He's taking me to court to get "full custody", he has a past of drug use. I'm trying to figure out what the ending result might... Read more »

Lucas Wynne
Lucas Wynne answered on Sep 28, 2017

As an attorney who practices family law throughout Minnesota and North Dakota, I can state with certainty that no attorney can guarantee an outcome. In fact, guaranteeing an outcome is an ethical violation that subjects an attorney to discipline. Your best option is to retain an attorney.... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Minnesota on
Q: Is my husband likely to get 50% custody of my children?

We have been separated for over 2 years (not legally), I have been the main caregiver. While he has provided financially for our needs, he isn't reliable. He doesn't have a vehicle big enough to haul our children and he lives in a basement bedroom of an elderly couples home.

Lucas Wynne
Lucas Wynne answered on Sep 22, 2017

Each case is unique. No attorney can predict the outcome of your case. Guaranteeing an outcome is an ethics violation for an attorney that can result in reprimand or suspension.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Minnesota on
Q: I live in Wisconsin & my child custody case is also here . Can I retain an attorney from Minnesota ?

Also wondering if the attorney has to practice family law . A former classmate of mine is an attorney and I cannot afford one in Wisconsin

Joseph A. Gangi
Joseph A. Gangi answered on Sep 11, 2017

You can hire any attorney who is licensed by the State of Wisconsin and in good standing. You can hire any other attorney so long as he or she is admitted pro hoc vice.

I question why you do not just ask your former classmate these questions. Attorneys have certain ethical requirements...
Read more »

1 Answer | Asked in Child Custody for Minnesota on
Q: My Husband recently (about a week) moved in with one of his mistresses after cheating on me for more than 10 years.

He moved out on July 28th and asked me today to get the kids for the weekend. My kids are pretty young (10, 8 and 15months) and I don't want him to take them over to any of his mistresses house for fear of their safety. What can I do in this case? We have no legal custody.

Lucas Wynne
Lucas Wynne answered on Aug 11, 2017

Until the father has established custody and parenting time, he does not have a right to custody and parenting time. With that being said, you should be considerate in making yourself look like the reasonable person in this situation as to best prepare yourself in the event a proceeding does occur.... Read more »

1 Answer | Asked in Child Custody and Child Support for Minnesota on
Q: am I obligated to pay support if I have no legal rights to my child? Been paying $500 a month without a court order.

Bitter ex took me to court for my child after we split and surprisingly he won full custody. My son (7) resides in Florida and I live here in MN. His father and I were never married. I have been paying $500 a month to him for the past 4 years without a court order. What's your advice? Should I go... Read more »

Lucas Wynne
Lucas Wynne answered on Aug 11, 2017

Unfortunately, I cannot answer this question because it is too vague. I am unsure of the "why" behind the reason you are paying the $500 per month. I would need to know more information.

1 Answer | Asked in Child Custody for Minnesota on
Q: I have joint legal custody since 2009. Overnight stays were verbally agreed upon later, but now she wants to stop that?

My ex and I have joint legal custody since 2009 of our son . It includes visitation agreements for 2 weeknight visits between 4 and 8 pm, and also alternate weekend stays between Friday (4pm) and Sun (7pm). Overnight stays on the weekdays I have him were verbally agreed upon later, and my son has... Read more »

Joseph A. Gangi
Joseph A. Gangi answered on Jun 1, 2017

The court order. If you want to modify the order, go back to court.

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: What is the likely hood a judge will transfer a custody case if the other parent will not agree?

My wife and her child's father started a case in the county they used to live in. We all moved to a different county that is an hour away. He dosent want to transfer. But if we transfer would

mean less comute on both parties. Child care would not be an issue.

The transfer would be... Read more »

Lucas Wynne
Lucas Wynne answered on May 26, 2017

The court does not have to honor your request and this is a bit of a crapshoot, frankly, that is highly dependent on the judge in your case. You should make this motion early on in the case before other issues are heard. Frankly, you need an attorney. If this were my case, I would make a motion... Read more »

1 Answer | Asked in Child Custody for Minnesota on
Q: I don't have legal custody of my daughter but she has lived with me for 6 months. What rights do I have?

If they say they want her back at their house, what can I do so she can stay with me?

Lucas Wynne
Lucas Wynne answered on May 1, 2017

I am assuming you are the father. You have no legal right until you establish custody and parenting time. It is highly suggested you retain an attorney for assistance. I have helped fathers and have also stood against individuals without attorneys - things tend to go poorly for the individual... Read more »

1 Answer | Asked in Child Custody for Minnesota on
Q: is it my right to know where my child is sleeping when visiting his dad? never married, never went to court for custody

My child was born in Minnesota and has always lived in this state. My child has overnights at his father's house on Fridays, they usually stay at my child's father's home but have traveled and stayed in hotels or at relatives. I've asked to be informed of where they are but father has refused to... Read more »

Lucas Wynne
Lucas Wynne answered on Mar 28, 2017

In Minnesota, the mother has sole custody until the father receives an order establishing custody and parenting time. If you were never married, you don't need to give the father any visitation until he establishes that right with the court. Being reasonable will go a long way for you in the event... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Minnesota on
Q: How do I qualify for legal help?

I am going through a divorce and custody dispute. My soon to be ex is playing hard ball and I want what is best for the kids,

Lucas Wynne
Lucas Wynne answered on Mar 7, 2017

You pay for an attorney. If you cannot afford an attorney, you seek help from your local legal services organization. However, the local legal services organization is not under any obligation to represent you.

1 Answer | Asked in Divorce, Family Law and Child Custody for Minnesota on
Q: My son's job takes him out of state as well as being local can he still get joint/full custody of his adopted daughter?

His wife claims she never loved him and only married him because she was going to try to make herself love him. They had a courthouse marriage to proceed with the adoption 2/16. She has mental health issues and suffers from PTSD although she acts bipolar and has told him he would not be granted any... Read more »

Lucas Wynne
Lucas Wynne answered on Mar 7, 2017

Divorce? The daughter-in-law sounds like quite the keeper! All jokes aside, the fact of the matter is that no attorney can predict the outcome of any case. In fact, we are prohibited from guaranteeing outcomes to our clients. With that being said, joint custody is the preference of the courts in... Read more »

1 Answer | Asked in Child Custody for Minnesota on
Q: I live with but am not married to the father of my child. He has filed for custody. i only work parttime.

We live with his parents. He now wants half custody and says I cannot leave the state without his permission. What can I do?

Lucas Wynne
Lucas Wynne answered on Mar 6, 2017

Get an attorney, fight back.

1 Answer | Asked in Divorce, Child Custody and Child Support for Minnesota on
Q: Can your ex move your child within the state and how many miles of Minnesota
Lucas Wynne
Lucas Wynne answered on Mar 3, 2017

This would certainly depend on whether a court order exists and what that court order states.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: My ex is refusing to give me my daughters new cell phone number. He will not respond to my text.

I have requested that I see my daughter on three different occasions to no avail. He claims my daughter doesn't want to see me or talk to me, via Notice of Motion and Motion served to me. What teenager wants to hang out with the disciplinarian? We have 50/50 physical and legal custody. Can he... Read more »

Lucas Wynne
Lucas Wynne answered on Sep 17, 2016

I cannot answer this question without first reviewing the order that is in place. There is a good possibility, based on the information provided, that you could bring your ex to court for his wilful denial of parenting time. This should only be attempted with an attorney due to the procedural and... Read more »

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