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Minnesota Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: If I have a court order with my kids mom Already in place stating that I get her every other weekend

If my kid's mother withholds her is that considered contempt of court My daughter is 11 is she allowed to choose whether she comes to my house or not

Corwin Kruse
Corwin Kruse
answered on Jun 22, 2022

It isn’t generally handles as a contempt issue at this point. You would bring a motion to enforce the decree. If she still withholds her, you could then seek contempt.

You can also ask that she be ordered to pay your attorney fees.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: can parent take minor out of state vacation without permission
Corwin Kruse
Corwin Kruse
answered on May 29, 2022

It depends upon the language of the Judgment and Decree. If it says nothing, you are generally free to take them. The Decree may still require you to notify the other person and provide contact information for everywhere you’re staying.

2 Answers | Asked in Criminal Law and Family Law for Minnesota on
Q: Does a DANCO order supersede a divorce decree when it comes to transfer of children.

For example. Mother had protection order from the Father. In the divorce decree they agree to a mutual transfer of the children in a public place. Before the divorce decree was final the Father was facing charges of violation of the protection order and the Judge put a DANCO on him pending... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on May 20, 2022

Basically, yes. Typically the DANCO would be both more specific and more recent. If there is a conflict between a family court order and a DANCO, it would be a good idea to either follow the more restrictive of the two, presumably the DANCO; or and until bring a motion before the judge in the... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Q: Unmarried parent, the mom is going out of state on vacation and told dad he could take child for the time being.

Mom changed her mind last minute and is bringing her to grandmas house. Is the dad able to legally have that custody time if the mother is out of state for that week. There is no court ordered custody agreement.

Corwin Kruse
Corwin Kruse
answered on May 7, 2022

If there is no court-ordered custody or parenting time, dad has no legal rights to time with the child.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Can my daughter father take me to court to take my daughter out of state. And she don’t want to go anyway. She is 13

I have legal and sole custody of my daughter

Corwin Kruse
Corwin Kruse
answered on May 1, 2022

If he is adjudicated the father, generally yes.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: I need to know if I can walk off with my son.

I was never married assign the recognition of parentage a s with his mother child support has been established but yet she's making me go to someplace safe and pay to see my son she's mentally emotionally abusive my son is petrified of her puts me in jail as she lies to law every

Corwin Kruse
Corwin Kruse
answered on Apr 22, 2022

I am assuming that child support was formally established via a paternity order. Did the order also grant parenting time? That will control what you can and cannot do as well as how much time you have with the child.

If there is no paternity order (and child support is thus informal), you...
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1 Answer | Asked in Family Law for Minnesota on
Q: Are overnight parenting time visits allowed with infants under the age of 18 months under MN law?

Parents are considering divorce. Dad wants max parenting time. Child just turned 1. Would the courts allow the child to have overnights with dad at his new place while the child is still so young?

Corwin Kruse
Corwin Kruse
answered on Apr 15, 2022

There is no prohibition on such overnights, so they are allowed. The question is whether they are advisable.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: If my ex gets an ofp against me and I have 3 kids, does that mean I have custody and can move out of state? Unmarried

My ex and I broke up after he assaulted me and broke the order after being released from jail. He claims I destroyed his things and moved in with ex and got an order for protection against me. Can I move states with my kids legally? He has domestic abuse charges and drug and alcohol problems. He... Read more »

Corwin Kruse
Corwin Kruse
answered on Apr 15, 2022

Your info says you are in Indiana, so Minnesota law isn’t applicable.

That said, in MN, if he has court-ordered parenting time, you cannot move out of state without his agreement or court order.

1 Answer | Asked in Family Law for Minnesota on
Q: Paternity/recognition of parentage/2 possible fathers

If my boyfriend signs my son's birth certificate and the recognition of parentage could the other possible father of my son (who is in prison mind you) make me get a court ordered paternity test taking my boyfriends rights to my son away if the other guys test comes back that he's his... Read more »

Corwin Kruse
Corwin Kruse
answered on Apr 11, 2022

Yes, the other possible father could bring a paternity action. Signing the ROP is not a legal adjudication of paternity.

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Juvenile Law for Minnesota on
Q: I’m 17 and my sister 19 and we just got into a fight. I’m in my first trimester and she doesn’t know that. Who’s wrong

We were in the street I got dragged out. She hit me first and defended myself. I’m very petite and I’m sister is strong and bigger and has the upperhand. She got a bump on her head i got scratch marks on my side and knee. My hair was pulled and I had stuff in the car I couldn’t get to, the... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 16, 2022

You certainly have a legal right to defend yourself and your unborn child. It seems like you might have some exposure of being charged with a 5th Degree Assault. That is a misdemeanor unless you have prior assault convictions. You need an attorney. You should either hire a private attorney or... Read more »

1 Answer | Asked in Family Law for Minnesota on
Q: My Father passed away years ago and left his assets to my 3 male siblings and his his new wife's 4 children. Total 8 kid

Can't get complete question in on prior page. Per father's Will all assets went to his surviving wife. His wife passed away and she has new will where all assets go to here 4 children, all sons on father's Will were removed. In short instead of assets being split between 8, now all... Read more »

Corwin Kruse
Corwin Kruse
answered on Jan 13, 2022

Yes. Only a spouse has a statutory right to inheritance.

1 Answer | Asked in Appeals / Appellate Law, Family Law and Juvenile Law for Minnesota on
Q: Should I file and appeal on a judges ruling regarding the name change of a minor when recipient was not served properly?

The mother of my bfs daughter has been trying to change the last name of his 3yo daughter to her new married name. He first received a letter in the mail regarding this motion in Sept. The letter only indicated the time, date, and virtual hearing link. It was in Oct 2021 and he showed up to find... Read more »

Charles William Michaels
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Charles William Michaels
answered on Dec 16, 2021

Perhaps an appeal would be proper

1 Answer | Asked in Family Law for Minnesota on
Q: I have sole physical and legal custody of my daughter.

After mediation I'm required to let her father "schedule and facilitate" medical and dental appointments. We live 150 miles apart and it seems ridiculous that her primary care provider would be in his city, hours from where she lives. Since I have full custody I get to pick where she... Read more »

Corwin Kruse
Corwin Kruse
answered on Dec 8, 2021

Mediation is non-binding. Unless you signed an agreement that has been entered by the court, nothing has changed your ability to schedule such appointments on your own.

2 Answers | Asked in Criminal Law and Family Law for Minnesota on
Q: Can court records, like mental health records, be sealed from the party they pertain to?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 25, 2021

Generally mental health records that are filed with the court are filed as private or sealed so that the general public cannot access them. I presume you could pursue an order from the court to review your own mental health records. But you should be able to access those directly from the provider.

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1 Answer | Asked in Family Law and Tax Law for Minnesota on
Q: In a custody case, will a judge ever deny one parents request for rights to claim the child on taxes every other year?

My ex and I have a now 9 year old daughter that he has had very little to do with. He has not made any attempts to see her in over two years. Last spring we had a very nasty dispute over taxes as I discovered he had been claiming her every year saying she lived with him half the time (lie). I had... Read more »

Corwin Kruse
Corwin Kruse
answered on Nov 11, 2021

It sounds as if you were never married. Was there any adjudication of paternity? If not, he has no right to claim her.

Going forward, the judge can award the exemption to you alone. Based on what you’ve said, that seems appropriate.

If the decree doesn’t address taxes, IRS...
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1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: How do I go about getting a new court order for visitation for my custody case? 1st Party refusing to cooperate.

The paternal grandmother of my daughter has custody right now. Over 2 years ago, the court granted me visitation, but she has refused, and/or made it very difficult. She has emotionally abused me and alienated my child from me for 2 years now. I am not allowed to talk to her, send her gifts, I got... Read more »

Corwin Kruse
Corwin Kruse
answered on Nov 2, 2021

You bring a motion in court asking that the parenting time schedule be modified.

2 Answers | Asked in Criminal Law and Family Law for Minnesota on
Q: In 2017 my ex convinced me to pay an extra $2,400/yr to cover 50% of our special needs son's summer camp.

I agreed to pay an additional $200 per month ($2,400 /yr) based on the cost of $4,800 per year for [our son's] special needs summer camp. However the invoices from [the special needs summer camp] were 2019: $3,600.00, 2020: $0.00, and 2021: $3,120.00 resulting in an over-payment of $3,840.... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 26, 2021

You could report it to police and-or your local criminal prosecutor's office and see what they say. I doubt they'd be interested in criminal prosecution. Give your family law attorney a call, or an attorney doing civil litigation work. Only the government can file a criminal Complaint.... Read more »

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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Minnesota on
Q: Is it possible to have a judge dismiss an ofp as evidence in a child custody case.

Currently going for custody of my daughter, the mother had an ofp against me through out her pregnancy citing that I abused her on ONE occasion, she filed the ofp at least a month after the alleged abuse and the police were never called.

To my understanding everything she said in the ofp... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 19, 2021

The short answer is no. I’m not sure which attorneys told you that you shouldn’t hire a lawyer for the OFP hearing, but that wasn’t good advice. There is no way to unring the bell and have the judge ignore that a different judge made a finding that there was domestic abuse.

1 Answer | Asked in Family Law for Minnesota on
Q: Is there a form that will give representation for a disabled spouse?
Corwin Kruse
Corwin Kruse
answered on Oct 15, 2021

I’m not sure what you mean be representation, but a power of attorney form will allow a person to grant decision-making power to another.

1 Answer | Asked in Family Law for Minnesota on
Q: Does income include tips or just taxable income in a child support battle? Can bank statements be included?

Hello, I am in the middle of a child support fight. Deciding how much money is owed to the other. Two kids involved. One of the parents works in the restaurant field and makes tips. Not all tips are included in the taxable income.

Corwin Kruse
Corwin Kruse
answered on Oct 1, 2021

Tips are included (and taxable). Bank statements can be requested in discovery or subpoenaed.

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