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Minnesota Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: I left my husband we are not legally separated but he demands to see kids every other wknd do i have to send them
D. Patrick McCullough
D. Patrick McCullough answered on May 4, 2018

If there is no court Order, and he is the father of the children, each of you have the right to have the children and equally each of you can "take" the children anytime each of you wants, until there is a court Order designating what days each of you have. Is he harmful to the children... Read more »

1 Answer | Asked in Child Custody and Child Support for Minnesota on
Q: I have full physical custody of my daughter She took off to her dads and won’t come back now he demanding support return

It’s only been 20 days. He enrolled her in school and hour and a half away from me and took her away from all her mental health supports.

D. Patrick McCullough
D. Patrick McCullough answered on Apr 18, 2018

How old is your daughter? He has no right to do what he did if you have full physical custody; however depending upon your daughter's age and the circumstances as to why she left, will impact on what the court will do in this situation. You should hire an experienced family law attorney to... Read more »

1 Answer | Asked in Adoption, Child Custody and Wrongful Death for Minnesota on
Q: How can I get legal custody of my 2 great-nephews whose mother and 2yr old sister were just killed in an auto accident?

My niece and her youngest child were killed 4/2/18 And her 2 surviving children were taken from our care by the biological father of the younger child. They were taken to their "grandmothers " whom ny niece has told several authorities and family members she would never want her children... Read more »

D. Patrick McCullough
D. Patrick McCullough answered on Apr 17, 2018

Very, very sad for you. You should consider hiring an experienced family law attorney to help you. These type of proceeding are quite complicated and you will need expert help.

1 Answer | Asked in Child Custody for Minnesota on
Q: I need help with my answer and counter, for custody and parenting time.

I don't have an attorney as of yet, but only have a week left to respond with my answer and counter. I'm freaking out because I have no idea which paperwork i need to fill out and send back right away...please help. I've filled out most of it already but do I have to have all of the... Read more »

D. Patrick McCullough
D. Patrick McCullough answered on Apr 13, 2018

There is much more to be concerned about than just the time elements in a Divorce case. You should consider hiring a family law attorney to assist you.

1 Answer | Asked in Family Law, Personal Injury, Animal / Dog Law and Child Custody for Minnesota on
Q: My daughter was recently bitten in the face at her mom's boyfriend's house and received over 100 stitches, can I sue

She was laying in her bed when dog attacked

Lisa Watson Cyr
Lisa Watson Cyr answered on Apr 9, 2018

Most likely, but you need to talk with an attorney as soon as possible to go over the specific facts of the unfortunate attack.

1 Answer | Asked in Family Law, Domestic Violence and Child Custody for Minnesota on
Q: I am a Grandparent to 4 granddaughters that are in harms way with their parents. I want to file for emergency custody.

The parents have several domestic assault convictions, one back in 2015 when the mother stabbed the father twice in front of the kids. The girls were give to myself and my husband to foster until the Mother completed rehab and counseling. The parents are fighting again, and I need to get the... Read more »

D. Patrick McCullough
D. Patrick McCullough answered on Apr 3, 2018

I would suggest you hire a family law attorney to help you.

1 Answer | Asked in Child Custody, Child Support, Education Law and Family Law for Minnesota on
Q: Do I have the right to go see my child in school if i don't have custody of my child but I do pay child support?
D. Patrick McCullough
D. Patrick McCullough answered on Mar 26, 2018

There are two types of Custody-Legal and Physical and it depends upon what your Judgment and Decree says.

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: My ex-wife has enrolled our children in counseling. Can she do this without my legal consent?

We have joint legal and physical custody. I have asked her for the reason why she has them in counseling and she will not provide any information. My children are under my insurance and I have not consented to them being treated for this non emergency medical treatment. Can she legally continue... Read more »

D. Patrick McCullough
D. Patrick McCullough answered on Mar 19, 2018

You may not wish to cancel any appointments until you first consult with the counselor to see if your children need counseling; however, unless your Divorce Decree provides otherwise, if you have joint Physical and Legal custody, your X should not enroll your children in counseling without your... Read more »

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: I was not married to the kids dad, but he did sign the birth certificates. Who has legal custody of the kids?

We amicably separated, and successfully co parent, everything is split 50/50. We have never filed any paperwork with the court.

This pertains to Minnesota law

Lucas Wynne
Lucas Wynne answered on Mar 17, 2018

Until a proceeding occurs, there are no real rules established as to the custody arrangement.

1 Answer | Asked in Child Custody and Domestic Violence for Minnesota on
Q: If my ex is not allowed to Drink 24 hours prior to being around our child, how do I prove it when he breaks this rule?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 20, 2018

That would be difficult to prove. There are urine tests that can be used to determine if someone has previously consumed alcohol, even if they are not currently under the influence. The most common test is an ETG test. I am unaware whether these tests are available to general public or if they... Read more »

2 Answers | Asked in Family Law and Child Custody for Minnesota on
Q: Help with family law, i have an existing custody and visitation court order since 2009. How do I do a modification?

I moved out of state and have requested to see my child multiple times but the mother refused, Judge suggested mediation but it still didnt work due to the mother using the child as a pawn. How do I request modification and uninterupted telephone and visitation access to my child? I also need a... Read more »

D. Patrick McCullough
D. Patrick McCullough answered on Feb 20, 2018

Assuming you are a good parent, the court would likely enforce and perhaps modify your time with your child now that you have moved out of state and the existing schedule is no longer practical. You will need to bring a Motion to be heard by a judge to make those changes.

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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: My ex is not a good dad or person. He's slapped his other two girls alot when I was with him. If he tries for parenting

Time, will he get it alone? She's scared of him and he's said he's gonna take her and never bring her back, etc.

Lisa Watson Cyr
Lisa Watson Cyr answered on Feb 7, 2018

The Court will determine parenting time after considering what is in the child's best interest based on the factors set forth in Minnesota Statute Section 518.17. Based on the information you have provided, it appears there may be good cause to seek supervised or restricted parenting time.

1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Q: What if my sons father is not following our stipulation agreement? Child support, his portion of expenses, etc....
Lisa Watson Cyr
Lisa Watson Cyr answered on Feb 6, 2018

If your son's father is not paying his court-ordered child support, you have a few options. If he is working, you may want to apply for income withholding services through the appropriate county. You also have the option to bring a motion seeking to have your son's father held in... Read more »

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... 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... 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.

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