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