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Minnesota Child Custody Questions & Answers
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... View 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... View 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... View 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... View 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... View 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... View 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... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for Minnesota on
Q: When filing for divorce if both parties do NOT want to seek child support from the other, is a hearing required
Lucas Wynne
Lucas Wynne
answered on Aug 22, 2016

You should seriously consider why you are not motivated to seek child support. Generally, agreements to waive child support will not be enforced because they are contrary to public policy. Child support is the right of the child, not the parent.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: I'm trying to use the family court to remove an OFP and get parent time. Any help with what documents I need?

My ex put a restraining order on me against my children. One night they told her I had disciplined them at the library for being brats and she freaked out and ran to the court house. She is well versed in using fear to fool people into thinking she is a victume. It has got her a lot of attention... View More

Lucas Wynne
Lucas Wynne
answered on Aug 10, 2016

Any advice given on this website would not adequately address your needs. An attorney needs to know more about your case and see the various orders to make a determination. You will need to hire an attorney to determine if there is anything that can be done. Expect paying a nominal fee for the... View More

1 Answer | Asked in Child Custody and Child Support for Minnesota on
Q: I have a 17 1/2 year old son who lives with his mother in Dothan. He quit school at 16 and now wants to come to MN.

I have joint legal custody and pay child support. She agrees to our son to come and finish school here in MN. He will be coming 8/31. Do I need anything in writing?

Lucas Wynne
Lucas Wynne
answered on Aug 4, 2016

Depends on the language of any existing order, but you would likely need to petition the court for the move. I am unsure where the proper venue for this case might be because there is not enough information - could be Minnesota, could be Alabama.

1 Answer | Asked in Divorce, Family Law and Child Custody for Minnesota on
Q: Ex wife put a restraining order on me against my children. judge made an interesting ruling allowing me to petition it.

The Judge ruled in favor of my ex saying I was instilling fear in my children because I disciplined them at the library and she didn't like that. He ruled that I should take a family class and family therapy with the children and he would allow me to petition the court to remove the OFP. We... View More

Lucas Wynne
Lucas Wynne
answered on Aug 4, 2016

An attorney is the way to go. An attorney can help you make a motion and represent you at a hearing to establish your rights, although results cannot be guaranteed. More information is needed to determine if this would be possible in your particular scenario.

1 Answer | Asked in Child Custody for Minnesota on
Q: if two single parents have 50/50, does the other parent need to see the child a certain amount per year

is there a required number of times a parent must see their kid in a year before they void their rights to custody? i have a 4 year old whos dad from april 2015 to april 2016 only saw her roughly once a month if that. showed little to no interest in 4 years until now.

Lucas Wynne
Lucas Wynne
answered on Aug 4, 2016

This question is too vague to answer here, you should likely retain an attorney. Not enough is known about your situation.

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: Can my boyfriends daughters mother say that i cant be around the child without a valid reason?

My boyfriend has a 6mo daughter named Amelia. And i want to meet her really badly ive already bought over $100 of stuff for her. But samantha, my boyfriends baby momma, doesnt want me around amelia only because i am dating him. And doesnt let his side of the family see amelia either. Is that legal... View More

Lucas Wynne
Lucas Wynne
answered on Aug 4, 2016

I do not know enough of the particulars of this situation to address it here. Frankly, your boyfriend needs to establish his visitation (aka parenting time) and should retain an attorney.

1 Answer | Asked in Family Law, Child Custody, Child Support and Social Security for Minnesota on
Q: I was served with a O.C.G.A. 29-2-8(b) and have many concerns. Don't know where to start. No income? Who can help ?

I live in MN she lives now in GA father passed away and guardianship went to grandmother. And now grandmother passed . The uncle of my daughter is now asking for temporary guardianship and I feel she should come 2 me. I am willing 2 transition her slowly here to Minnesota but need to know my rights.

Lucas Wynne
Lucas Wynne
answered on Jul 25, 2016

Call your local legal services office for help. Considering you have no income, you likely qualify for help.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: My child's mom agreed to let me take our child to an event during her (mom's) time. Does she have to stick to that?

I asked her via text with date and time over a month ago and she agreed. When I picked my daughter up a couple of days ago she mentioned they would be traveling this weekend during the event. Can she do that? Do I have any right in this situation?

Legal custody is joint and physical custody... View More

Lucas Wynne
Lucas Wynne
answered on Jul 21, 2016

If she volunteered her time to you, then no you do not have any rights in this particular situation as she has the right to exercise her parenting time as she sees fit and (based on the information you provided) there does not seem to be a binding agreement. If you would like to explore options to... View More

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Why do I have a court date for a hearing on a motion to reconsider but I haven't received a brief? What is the process?

I read online that these motions are prohibited unless there is compelling evidence which must be submitted to both parties. I haven't received anything other than the date. This is for a child custody case.

Lucas Wynne
Lucas Wynne
answered on Jul 18, 2016

I will provide a simple answer here because I do not know the information in your case. Firstly, you should retain an attorney. Secondly, there is likely a brief somewhere in the court system that an attorney could help you find. Your attorney should write a reply brief and build a strong case for... View More

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: If a mother needs a child with their legal father and refuses to help out for 7years can the father have full custody

I've had my son since he was 8 months old, after struggling for my son to have his mother involved in his life in her willingly ignoring our phone calls and text. She'd have to argue every time I asked for her to help out. Claiming she did not have a job or a car or license but she was... View More

Lucas Wynne
Lucas Wynne
answered on Jul 18, 2016

You need to hire an attorney for competent help in this matter. Based on your question, I am unsure if a primary custodian has been established by way of court order or if this has simply been the arrangement. These battles can be tough, so be sure to hire an attorney who is equally tough. Hope... View More

2 Answers | Asked in Family Law and Child Custody for Minnesota on
Q: My children currently live with my mother and father. My parents are court ordered to allow me phone calls and social me

Media contact with my children yet the refuse to even let me speak to them unless, my children are with me on visits. As well as they have completely alienated my children from family and they go nowhere and see nobody except , one aunt occasionally and that aunts exhusband. My mother has had... View More

Lucas Wynne
Lucas Wynne
answered on Jul 18, 2016

I understand your concerns. You should find the number for your regional Legal Services office, give them a call, and go from there.

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