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.
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 »
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.
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 »
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 »
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.
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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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