Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Minnesota Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: How to file charges for depriving custody
Robert Kane
Robert Kane
answered on Jul 16, 2024

Citizens report the incident to law enforcement, law enforcement conducts an investigation (if appropriate), prosecutors decide if criminal charges are to be filed. In most cases, family court is where these situations are addressed not criminal court.

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: I am still on the mortgage that my X lives in after 15 years being divorced. This has caused me alot of emotional stres

Hard getting into a place when i show obligation to mortgage in a house i dont live.

I've lived with my kids, my sister etc. Is he in contempt of court ? can i sue him ? What can I do

Robert Kane
Robert Kane
answered on Jul 6, 2024

I have no doubt it is stressful. That is why I and other attorneys try to ensure everything is final (or easily finalized) when the judgment is signed. Did you have an attorney 15 years ago?

Obviously, you can try to convince him to take you off the mortgage yourself. You could hire an...
View More

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: Can a mom with 50/50 agreed custody voluntarily admit themselves to a residential treatment center lose custody rights?

Jackie has no criminal record. Jackie voluntarily decided to seek help at a 30-day residential program in her internal concern for misuse of alcohol. Jackie’s ex husband is emotionally abusive. After Jackie expressed her desire for a treatment program Jackie’s ex seemed to be fully supportive... View More

Robert Kane
Robert Kane
answered on Jul 5, 2024

If proper arrangements were made and it was successfully completed, it seems unlikely a mom with 50/50 (who agreed to custody voluntarily) and admit themselves to a residential treatment center would lose custody rights. She has several options when the other parent isn’t following a court order,... View More

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Domestic Violence for Minnesota on
Q: I need a lawyer for custody/divorce. Legal aid has refused to help. Can't afford private. Can the court appoint?

I am self-representing because I can't get a lawyer and it is not a criminal matter so not entitled to one. Can I submit a motion requesting the court to appoint me a lawyer since he is pushing this to trial? What steps do I need to take to create/submit a motion? Dakota County MN for court... View More

Robert Kane
Robert Kane
answered on Jul 4, 2024

In most civil cases, you do not have the right to a court-appointed attorney. This includes dissolution (divorce), custody/parenting time, and child support cases. In these cases you have the option to hire a private attorney. Some organizations use a sliding scale to charge for legal services... View More

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: If my husband owned a business during our marriage do I have any claims to it
Robert Kane
Robert Kane
answered on Jun 3, 2024

Perhaps or perhaps not. It depends on numerous and various factors. The business could very well be martial property or it could be separate property depending on the situation. I apologize, but the fact your husband owned a business during your marriage is only the first thing to consider.... View More

1 Answer | Asked in Family Law for Minnesota on
Q: If the last living parent of a minor want to voluntarily give up parental rights to the minor older siblings with out

having to go through the court system how would she go about it? The child reside in CA and the siblings are in MN. Would the siblings need to get a lawyer from MN or CA? Is a lawyer needed if she voluntarily give up her parental right? What kind of documents would be needed? The minor do receive... View More

Robert Kane
Robert Kane
answered on May 7, 2024

Termination of parental rights would require a court proceeding. If the child resides in California, California would have jurisdiction. A judge would probably need the mother to consult with a lawyer before granting her request. The child would most likely be appointed an attorney (or guardian ad... View More

3 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Minnesota on
Q: Facing 5 felony charges from false accusations by husband's ex-wife in custody battle. Seeking advice on plea deal vs. t

I am currently facing five pending felony charges that have arisen from false accusations by my husband's ex-wife in a custody battle. She has a history of making unfounded claims, including allegations of harassment and stalking, which are untrue. The children involved have expressed missing... View More

Thomas C Gallagher
Thomas C Gallagher
answered on May 2, 2024

A lawyer cannot give legal advice about a plea agreement vs. trial, without being the attorney of record, after thorough review and time spent with the known facts, discovery from the prosecution and other facts and evidence; as well as research into laws that could relate to those. As a general... View More

View More Answers

1 Answer | Asked in Child Support and Family Law for Minnesota on
Q: HelloI have child support court to establish paternity and child support. Do I need a lawyer?

I have papers sent to me to take a voluntary paternity test since the mom gets public assistance. I have not submitted a sample yet. Court is in June.

Robert Kane
Robert Kane
answered on Apr 29, 2024

Without knowing the situation better or your expectations, I don't know if you need to hire attorney. In order to ensure the best possible outcome, you need to consult with an attorney, at least in a limited role. Limited-scope representation is when you and a lawyer agree that the lawyer will... View More

1 Answer | Asked in Family Law for Minnesota on
Q: If my parental rights were terminated can I still care for my son if his father allows it?

My parental rights were terminated by default in 2020. My son's father was given full custody. Can I still care for my son if the father allows me to? also, I have my discovery from my CPS case. There are many errors and false reports made by the case worker. I need help to get my rights back... View More

Robert Kane
Robert Kane
answered on Apr 20, 2024

I can't answer for specifically for you, but generally a parent with no parental rights would have the same opportunity to spend time with a child as anyone else with the permission of the parent or guardian. A petition can be filed to reverse the termination, but the chances of success are... View More

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: In family court can a Referre dismiss a case after trial with Prejudice and simultaneously order relief. The Petitioners

Filed a motion to Amend the findings saying since the 3 rd party custody case was originally against me if the judge dismissed it instead of denied it she has to give my child back to me and not the Dad who is not the Petitioners. Not a divorce case just my daughters Godparents wanting her case has... View More

Robert Kane
Robert Kane
answered on Mar 28, 2024

In family court can a Referre dismiss a case after trial with Prejudice and simultaneously order relief? Yes, depending on the circumstances. I apologize, but how you should respond can't be determined on a few phrases. An appeal may be appropriate if the referee made a mistake of law, such as... View More

2 Answers | Asked in Divorce and Family Law for Minnesota on
Q: Can I get help to divorce with no money in Minnesota?

I am a mother of 3 unemployed married 12 yrs, full time student, going through hardship (marriage) husband mistreating me and his family steeling my person documents for their own personal used. Told they brought me to the states. no family support cant do nothing family overseas. Been diagnosed... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 1, 2024

In Minnesota, individuals facing financial difficulties, such as being unemployed and experiencing hardships like mistreatment within a marriage, can seek assistance for obtaining a divorce. Various resources are available, including legal aid organizations that offer free or low-cost legal... View More

View More Answers

1 Answer | Asked in Child Support and Family Law for Minnesota on
Q: does back child support debt go away when someone passes away? the children are adults now.

We were quit deeded land before my step- dad died, ( he was never legally married to my mom) we found out after he died he was paying 50 dollars a month towards a 70k debt of back Child support for 2 kids he was never involved with, he didnt have any custody of them ever. Both the children are... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 9, 2024

Back child support debt does not automatically go away when someone passes away. The obligation to pay back child support can still be claimed against the deceased's estate. Since the children are adults now, the back child support remains a debt of the estate. If the land was quitclaimed to... View More

1 Answer | Asked in Family Law, Constitutional Law, Probate and Small Claims for Minnesota on
Q: Is it legal for my Grandma to transfer my deceased Mom's debt over to me and make me pay for it?

So my mom passed away on Thanksgiving, my sister let me have her car because it was in accordance with my mom's wishes (My mom didn't have a will. We just agreed to it as next of kin) Now, my Grandma who has STRONGLY been against me having the car is saying that I owe her $1,200 in order... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2024

In general, debts do not transfer to family members upon someone's death unless they were co-signed or jointly held. As for your situation, you are not automatically responsible for your mother's debts, including any money she may have owed to your grandmother, unless you had a legal... View More

1 Answer | Asked in Family Law, Estate Planning and Probate for Minnesota on
Q: Do I have any rights my father just passed away if my last name on my birth certificate is his last name His name is not

He is not my biological father. He was going to adopt me. But my biological father said no. I had his last name until I got married. Then I had to change it. He's passed away in my sister is claiming that I don't get half of his Ashes. I don't get nothing. I'm just wondering... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024

In the context of family law in Minnesota, your rights regarding your father's estate may depend on various factors, including whether there was a legally recognized adoption, the presence or absence of a will, and the specific laws governing inheritance in the state. If your father had... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law and Domestic Violence for Minnesota on
Q: How do I fight a “revenge restraining order” (OFP) that was filed against me—& granted?

My wife had been violent with me since 2014, but walked out & filed for divorce in Nov of ‘22. 8 months later, after being quiet about the abuse for years, I did a social media post discreetly talking about (I said no names or relationships) what I was & had been going through. The next... View More

Robert Kane
Robert Kane
answered on Dec 23, 2023

You will need to convince the court you are entitled to a new hearing because you were unable to attend. I apologize, but I don't know specifically what you need to file without more information. Perhaps another attorney can help. Based on the rest of your question, it doesn't seem you... View More

1 Answer | Asked in Divorce, Banking and Family Law for Minnesota on
Q: my parents got divorced in 2006 when they signed the papers it stated that both of them will have a college fund set up

When i got accepted to college and i asked my dad for my college fund he told me no. What can i do? (The divorce papers have account numbers of the fund)

David H. Relkin
David H. Relkin
answered on Nov 2, 2023

He said "no" or he said he didn't set up the account? College funds are generally trust funds controlled by the Trustee who generally provides in the Trust fund document that he has discretion. That would prove a difficulty especially since you don't want to antagonize him.... View More

1 Answer | Asked in Family Law for Minnesota on
Q: how do i get something off my background?

2017 had a chips case but did everything i was suppose to kids came home but now its costinmg me jobs because it shows up on my background as maltreatment of a minor

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 24, 2023

To address a past incident affecting your job prospects due to a maltreatment of a minor charge from 2017, consider these steps:

Ensure compliance: Ensure you have met all court orders and probation requirements related to the case. This can bolster your case for expungement.

Verify...
View More

2 Answers | Asked in Family Law and Domestic Violence for Minnesota on
Q: Duo ofp

Abuser locked me out ruined my belongings and now he's serving me where is my rights as a victim

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2023

If you are a victim of domestic abuse or harassment in Minnesota, it's important to know your rights and the steps you can take to protect yourself. You can contact law enforcement to report the incident and document any damage or harm caused by the abuser. Seeking a restraining order, known... View More

View More Answers

1 Answer | Asked in Family Law for Minnesota on
Q: I have a contempt of court hearing coming up and I’m wondering what to expect

I have text messages as evidence along with voice recordings. I was wondering if I need to send the messages in as exhibits online or if I can just bring them to court with me

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 29, 2023

Contempt hearings generally evaluate whether a party has failed to comply with a court order. As for your text messages and voice recordings, you should consult the court's local rules or ask the clerk whether they can be submitted online or if you need to bring them to court.

1 Answer | Asked in Family Law for Minnesota on
Q: What does this mean? "I have made the following efforts to get the non-applicant parent’s address from these persons:"

This is for an affidavit in support of order for publication and order for publication (minor name change). Is she able to state that no effort has been made?

John Michael Frick
John Michael Frick
answered on Sep 29, 2023

As a general rule, a person requesting service by publication must demonstrate that they have used reasonable diligence to locate the person to be served and have attempted unsuccessfully to serve that person in-person as a condition precedent to obtaining an order for service by publication.... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.