An OFP is a one way street. The protected party is not prohibited from doing anything. They can call, text, send gifts, visit etc. None of that is a violation of the OFP. However, if the other party responds to contact initiated by the protected party, it is a crime. A first violation in 10...Read more »
Now she says I can only see them Outdoors and 6' away. I have a court order granting me visitation without stipulation other than date/time arrangement. I work from home and have not ventured out during this time. I think I should be allowed to have my kids in my home. Can she mandate this?
No she cannot and by doing so she is in violation of the court order as it applies to your parenting time. I currently know of no judicial officers who are suspending a parent's time with the children, or putting such drastic restrictions upon how and where it occurs, because of the pandemic....Read more »
I do not have the information about the case to give a definitive answer. However, a judge can after a review of all the evidence and testimony decide that parent (biological or not) is the de facto custodian of a child. Since the court order was in 2017, the appeal period has passed, although an...Read more »
She was just in jail for Meth, Running from law, Hiding a fugitive and driving when she doesn’t have a license. We live in MN. Her probation officer said that it was best for her to come out but everyone else I talk to disagrees. If we talk more I can give more details but I need to know how to... Read more »
I would be more than happy to speak with you, as would many of the attorneys on this site. You need some help to get this done. This is difficult situation. When do you turn 18? Are you currently emancipated? Those would be good first steps. Do you think your mother would agree to you...Read more »
I have a younger "brother". He is my cousin but was legally adopted my parents when he was 16 years old. He has a child with a woman, who he is not/ was never married to. He may be seeking his visitation, I do not know what he is doing.
As the Aunt it would be very difficult to get visitation awarded. The court takes into consideration certain family relationships where the child has more of a parental relationship with say an aunt or a grandparent, but even then it is usually denied by the court. The best option is to try and...Read more »
Child has respiratory issues. Other parent and I made agreement at both households only people who live there would be around our children during social distancing and stay at home order due to corona virus. Other parent has broken our text agreement twice now and one time even had a party with... Read more »
This is a difficult situation. I attended a seminar with Civil judges and they stated how backed up the court is in regards to family law related issues. Judges are putting criminal cases at the top of the calendar. They are beginning to open the court virtual hearings but getting an emergency...Read more »
Child custody can be very difficult deal with. The most important thing you could do is seek an family law attorney. An attorney can petition the court in regards to your protective order. If you are unrepresented, the first step is to find a lawyer to help.
My step dad goes into blind rages and verbally and emotionally abused me and kicks me and my siblings out of the house, when I leave the house because I don’t feel safe which is legal in Minnesota they threaten to take away everything like my phone and car to get me to come back to where I... Read more »
First let me say how sorry I am for this difficult situation you are in, and you should seek assistance. As far as emancipation, Minnesota Statutes do not provide either the grounds or a procedure for emancipation. Minnesota case law has established that a minor can be emancipated by a legal...Read more »
She can certainly petition the Court for emancipation. There is no real bright line test, but the Courts have a lot of discretion in declaring a minor emancipated. Some of the factors include the minor’s living situation, consent of the parents and the overall situation or actions created by the...Read more »
I'm not 100% sure what you mean by "custodianship," but child support obligations end when the child has BOTH turned 18 and graduated. If still in secondary school, the obligation can continue until age 20.
She states to me weather she takes one or not or passes or not it dont matter cause I can't take them because I only have joint legal custody. What can I do? Parenting time is supposed to stop until a clean test is provided but law enforcement can't help they say because she is custodial
Does the custody agreement include an order for parenting time? If not, what is the purpose of the drug-test provision? Does the agreement set forth penalties for failing to pass a test (in general, failure to take a test is treated the same as failing to pass)?
By "separated," I assume you mean living apart, not legally separated. If you are married, you will both need to sign to transfer ownership of the house. You can refuse to sign unless you get a portion of the proceeds. I would contact the closing company and make them aware that you...Read more »
He took her when i was sick back in November for 2 weeks so i could get well and then he enrolled her into preschool behind my back . He would drop her off at first to spend a few days with me and turn around and come get her without contacting me first . Now he refuses to let me talk to her... Read more »
It is difficult to say what you can do without knowing more. Were you married? If so, are you divorced? You say that you are "supposed to have" custody. Is there a divorce decree or other court order that sets forth the parenting time you each get? If so, you can go to court to...Read more »
It sounds like a custody motion. You can certainly oppose that.
If you are sure that you have never been served, then the case is not properly before the court. If, however, you have been served, you will need to make an appearance or the court can rule against you by default. If you...Read more »
Now with having joint legal custody of 9 yr old son and his case manager and therapist never meeting me in person and solely going on the words of my angry ex-wife towards me and being very unprofessional and bias toward me. Do I have the right to take them both off my son's case? since I... Read more »
If you have joint legal custody, you have equal say in determining medical/psychiatric treatment. You should have been consulted prior to starting therapy. You should raise to the court the fact that you weren’t and can then ask that they be removed for bias or other reasons.
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