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Minnesota Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Question concerning. ROP.

If a ROP is signed by the farther at the time of birth, does that off set MN law that states, a unmarried mother mother has sole rights to the child

Thank you,

Fred Prescott

Corwin Kruse
Corwin Kruse
answered on Feb 11, 2020

No. The ROP creates a presumption of paternity, but if the parties are unmarried, an adjudication of paternity is still required for paternal rights.

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: If my rights to my youngest child were involuntarily terminated, does that also terminate my rights to my previous two?

I have a son who's gonna be 15 in July, and a daughter who is 10, with one woman. After we separated, we managed to agree to visitation, and custody, without going to court. She has had physical custody of both of them for the last few years. During that time I had another daughter who just... View More

Corwin Kruse
Corwin Kruse
answered on Jan 22, 2020

Termination of rights to one child does not terminate rights to other children.

You indicated that you and the mother have "separated" and agreed to custody and visitation. Were or are you married to one another? If not, you have no enforceable parental rights unless you go to...
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2 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Minnesota on
Q: Can I do jail time in a chips case?

They want to terminate my parental rights because they say my home is unsafe for my children whom don’t live in the home only visits.

Rumors of domestic violence.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 23, 2019

No. A CHIPS case doesn’t carry potential jail time.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Q: Do I legally have to provide proof of my work schedule for scheduling a mediation

I'm representing myself. We were given dates to choose from, they picked next week because it fit around her work schedule, I declined due to my work schedule and her lawyer then emailed me requesting my work name address and phone number to prove my work schedule.

Corwin Kruse
Corwin Kruse
answered on Oct 11, 2019

The lawyer can request, but you do not have to provide. That said, unless it would impact your work relationship or jeopardize your job, it may be simplest to give the information. At minimum, you should provide alternative times that WILL work for you for mediation.

1 Answer | Asked in Family Law, Admiralty / Maritime, Appeals / Appellate Law and Child Custody for Minnesota on
Q: How can I sue the court

I am being deprived my due process

Tim Akpinar
Tim Akpinar
answered on Sep 22, 2019

Additional information is needed. Due process is a broad area and the manner in which your rights are being violated is not clear from the facts at hand.

Tim Akpinar

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Minnesota on
Q: My wife's narcissistic "Christian" mother and father have brainwashed her into getting HRO, Ex Parte Custody and Jail 4

I am a 31-year-old Christian, father, husband, and founder of Krew Cleaning services. I had17 "violations of harassment order" that coincidently got filed against the morning I was supposed to see my daughters the first time in 2 months (due to an ex parte custody that got approved based... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 13, 2019

You are entitled to a hearing on the HRO/OFP. There are instructions in the paperwork that you were served about how to request a hearing. It will be her burden at the hearing to establish that you have been harassing her or that an act of domestic abuse occurred. The violations are criminal... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Q: How to stop parent from fraudulently collecting support.

Paid support for 17 years. Child recently dropped out of highschool, and left mother's home to live in parts unknown in Minneapolis. (with boyfriend, assumably) How can we stop payments to the mother?

Corwin Kruse
Corwin Kruse
answered on Sep 4, 2019

Minnesota law defines "child" for the purposes of support as "an individual under 18 years of age, an individual under age 20 who is still attending secondary school, or an individual who, by reason of physical or mental condition, is incapable of self-support."

You...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Minnesota on
Q: What is the fastest and nicest way of divorce and child custody?

My husband goes back and forth telling me that he wants the nicest divorce and child custody but the next time it is brought up that he will drag out the divorce the longest and expensive way as possible. Is there a way to get it done fast and nicely as possible, when he is against getting advice... View More

Corwin Kruse
Corwin Kruse
answered on Jul 29, 2019

"Fastest and nicest" is a pretty subjective goal. More importantly, fastest and nicest may not be "best"; rather it may simply be agreeing with everything that the other person wants. As a SAHM, you would potentially receive some level of spousal maintenance. In addition, you... View More

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Personal Injury for Minnesota on
Q: Is it legal for a person grante temporary legal custody of child to immediately have elective surgery perfomed on child?

They never asked for consent from the parent and did not notify the parent nor the Court. They just went and had elective surgery performed on the child within weeks of being granted ex parte temporary legal custody. The child is now severely psychologically abused and traumatized. After elective... View More

Corwin Kruse
Corwin Kruse
answered on Jul 19, 2019

Legal custody carries with it the right to make medical decisions for the minor child. Of course, depending upon the circumstances, one might be able to argue that custody should be modified based upon physical or emotional endangerment to the child.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: My 11yr old doesn't want to go.

My 11 year old daughter doesn't want to go to her dads. Her father and I were NEVER married we live in MN He has no legal or physical custody and there also is no parenting time. He does pays child support now(going on 3yrs). For the last 8yrs I have let her go with him every other... View More

Corwin Kruse
Corwin Kruse
answered on Jun 13, 2019

You've indicated that the father has no legal or physical custody and no parenting time, but that he does pay child support. You haven't stated whether or not he has been adjudicate the father or whether the child support is court-ordered (which would require such an adjudication) or... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Minnesota on
Q: What If proper procedure was not followed by Minnesota statue.

I was initially served by alternate means other than publication an Affidavit of service by mail dated June 21 2018 is on file with the court the Court held a hearing on June 28th 2018 and I did not appear the court issued an order for protection dated June 28th 2018 by default

Joseph A. Gangi
Joseph A. Gangi
answered on Aug 15, 2018

Speak with an attorney. If you were not properly served, you may be able to reopen the case.

1 Answer | Asked in Child Custody for Minnesota on
Q: Will the father of my child get his modification of parenting time accepted?

The father of my child moved to Flordia at the beginning of June for personal wants with his girlfriend and their child. My daughter was seeing her father every other weekend Thursday through Monday and now he is asking for her to fly over to Flordia to spend the summer there. I told him I only... View More

D. Patrick McCullough
D. Patrick McCullough
answered on Aug 1, 2018

There are so many other facts an attorney would need to know. I suggest you contact an attorney versed in Family Law to help you.

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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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