Minnesota Family Law Questions & Answers

Q: Does the principle have to be present at a TX bank, if both co-agents of a DPOA want to modify the principles account?

1 Answer | Asked in Contracts, Estate Planning and Family Law for Minnesota on
Answered on Feb 6, 2019
Joshua Damberg's answer
Generally, the answer to this is no. The Principal should not need to be present for his or her Attorney(s)-in-Fact to use the Power of Attorney document. In light of the recent epidemic of misuse of POAs and the exploitation of the elderly, many banks have attempted to institute additional policies and layers of red tape. So long as the Power of Attorney was validly executed, the bank SHOULD recognize it. You and/or your cousin may need to push back against bank policy and make the institution...

Q: Who can you contact regarding no charges being filed against a sexual predator?

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Civil Rights for Minnesota on
Answered on Nov 19, 2018
Jonathan Matthew Holson's answer
The County Attorney for the county where the offense occurred makes any charging decisions about whether to move forward with charging the matter out. I am assuming that there must be some valid reason why he or she is choosing not charge the case.

Q: What If proper procedure was not followed by Minnesota statue.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Minnesota on
Answered on Aug 15, 2018
Joseph A. Gangi's answer
Speak with an attorney. If you were not properly served, you may be able to reopen the case.

Q: Want to file for divorce. Also have a collection court date. Can I file for divorce & bankruptcy at same time? What 1st?

1 Answer | Asked in Bankruptcy, Divorce and Family Law for Minnesota on
Answered on Aug 10, 2018
Timothy Denison's answer
Bankruptcy first, then divorce. Bankruptcy will be over in 90 days.

Q: Can I remove/rescind my divorce petition at any time? Can the judge deny me that? Can I do it at the start of trial?

1 Answer | Asked in Divorce and Family Law for Minnesota on
Answered on May 10, 2018
D. Patrick McCullough's answer
The Judge cannot deny you the right to withdraw your Petition; however, I am guessing your spouse served and filed a Counter-Petition and if so she can proceed on her Counter-Petition over your objection.

Q: Hi!My friend has been married to a US citizen for 7 years, has 2 kids and just recently came to the US on a visit visa

1 Answer | Asked in Family Law, Immigration Law and Divorce for Minnesota on
Answered on May 8, 2018
Carl Shusterman's answer
She should schedule an appointment with an experienced immigration attorney.

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

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Answered on May 4, 2018
D. Patrick McCullough's answer
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 or is there some other reason you do not wish for him to have the children?

Q: I want to go back to my mother

1 Answer | Asked in Family Law for Minnesota on
Answered on Apr 9, 2018
Lisa Watson Cyr's answer
You need to talk with your parents as to your reasons for wanting a change in the time you spend with each of them.

Q: My daughter was recently bitten in the face at her mom's boyfriend's house and received over 100 stitches, can I sue

1 Answer | Asked in Family Law, Personal Injury, Animal / Dog Law and Child Custody for Minnesota on
Answered on Apr 9, 2018
Lisa Watson Cyr's answer
Most likely, but you need to talk with an attorney as soon as possible to go over the specific facts of the unfortunate attack.

Q: How can I get my support lowered as my income has decreased singnificantly.?

1 Answer | Asked in Child Support and Family Law for Minnesota on
Answered on Apr 4, 2018
D. Patrick McCullough's answer
A substantial change in financial circumstances can be a basis to change a child support obligation. I would need to know much more to give you a complete answer. You would need to bring a motion in order to lower support(unless your X agreed). You should talk with an atty to help you.

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?

1 Answer | Asked in Child Custody, Child Support, Education Law and Family Law for Minnesota on
Answered on Mar 26, 2018
D. Patrick McCullough's answer
There are two types of Custody-Legal and Physical and it depends upon what your Judgment and Decree says.

Q: My ex-wife has enrolled our children in counseling. Can she do this without my legal consent?

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Answered on Mar 19, 2018
D. Patrick McCullough's answer
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 consent.

Q: I was not married to the kids dad, but he did sign the birth certificates. Who has legal custody of the kids?

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Answered on Mar 17, 2018
Lucas Wynne's answer
Until a proceeding occurs, there are no real rules established as to the custody arrangement.

Q: In Minnesota, at what age can my children decide which parent they want to live with?

1 Answer | Asked in Divorce and Family Law for Minnesota on
Answered on Mar 12, 2018
Lisa Watson Cyr's answer
There is no stated age upon which a child is able to decide who they want to live with; however, the reasonable preference of a child is one of the factors the Court will consider in determining what is in the child's best interest. As the child gets older and more mature, the child's preference may be given greater weight by the Court as to the issues of custody and parenting time.

Q: A friend is going off to treatment, so clearly won't have income, is he still obligated to pay child support?

1 Answer | Asked in Family Law and Child Support for Minnesota on
Answered on Mar 6, 2018
Lisa Watson Cyr's answer
To seek relief from a child support obligation, your friend should bring a motion to modify or suspend the child support order during the period he will not be earning an income.

Q: Can my ex enroll daughter under his insurance without letting me know?

1 Answer | Asked in Family Law for Minnesota on
Answered on Mar 5, 2018
D. Patrick McCullough's answer
Re: health Ins for your daughter, it depends upon what your Judgment and Decree says re: that issue. If it is silent concerning the health ins(which I doubt)then you will need to either amend the JD to cover that issue re: an agreement with your X and absent an agreement, with a court hearing re: the same. In any event, you absolutely should be the person to be contacted in case of an emergency and not his girlfriend and you also should be able to contact the Ins co and be able to give and...

Q: Applicable state domestic relations law citation in Minnesota

1 Answer | Asked in Divorce and Family Law for Minnesota on
Answered on Mar 2, 2018
Lisa Watson Cyr's answer
For division of property in a Minnesota divorce, the applicable statute is Minnesota Statute Section 518.58.

Q: My spousal support ends when my ex turns 62 in April. Does he have to keep paying until I get my social security

1 Answer | Asked in Family Law and Divorce for Minnesota on
Answered on Feb 23, 2018
D. Patrick McCullough's answer
That depends upon many factors, most important, in Minnesota if you do not bring a Motion to extend or at least reserve the issue of SM before the date for termination of SM in your JD, you may forever be barred from continuing the SM. You need to contact a family law atty ASAP

Q: A marriage of 30+ years, Children are selfsufficient ages 25 & 28. Do we file MN dissolution with or without children?

1 Answer | Asked in Family Law and Divorce for Minnesota on
Answered on Feb 23, 2018
Lisa Watson Cyr's answer
Because your children are no longer minors, your dissolution filing status would be "without" children.

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