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Minnesota Family Law Questions & Answers
1 Answer | Asked in Family Law for Minnesota on
Q: Want to go back to my maiden name and hyphenate my son (3)to my maiden and my ex’s last name. Will a judge allow it?

Ex is against it. The divorce was defaulted because he didn’t show up or respond. We have 50/50 legal custody, I have 100% physical custody with him having supervised visatuon. He sees my son once to twice a month (whenever he asks) and he doesn’t pay any child support. Has nothing to do with... View More

Lisa Watson Cyr
Lisa Watson Cyr
answered on Feb 15, 2018

To seek a name change for your minor child, you will need to follow the correct procedure. The following link provides the forms and instructions you would need if you plan to seek the name change for your son without an attorney:... View More

1 Answer | Asked in Family Law and Child Support for Minnesota on
Q: my ex started a gofundme page for my daughter's medical expenses. I pay 62% of med bills. Can I get part of that money

My daughter had to be hospitalized last month and the insurance company (her mothers policy for her and my daughter) covered much of the cost but not everything. After insurance I pay 62% of whatever is left to pay. My ex set up a GFM page that stated the money would be used to pay medical bills... View More

Lucas Wynne
Lucas Wynne
answered on Feb 13, 2018

All of the money should be going towards the medical bills if that is what the page was created for - not to you and not to your ex. In fact, if either of you profit from this personally (rather than pay off the bills) a crime may have been committed.

1 Answer | Asked in Family Law for Minnesota on
Q: My ex wants to half alimony since starting LTD. Can he? He makes over 200k, and has lots of assets.

I make 39k and support our adult disabled daughter on SSI Living in an apartment paying hundreds per month, and also support son living at home in college.

D. Patrick McCullough
D. Patrick McCullough
answered on Feb 8, 2018

I would need much more information such as the underlying Judgment and Decree and/or other Court Order re: the alimony provision and more facts re: your expenses and his expenses etc.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: My ex is not a good dad or person. He's slapped his other two girls alot when I was with him. If he tries for parenting

Time, will he get it alone? She's scared of him and he's said he's gonna take her and never bring her back, etc.

Lisa Watson Cyr
Lisa Watson Cyr
answered on Feb 7, 2018

The Court will determine parenting time after considering what is in the child's best interest based on the factors set forth in Minnesota Statute Section 518.17. Based on the information you have provided, it appears there may be good cause to seek supervised or restricted parenting time.

1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Q: What if my sons father is not following our stipulation agreement? Child support, his portion of expenses, etc....
Lisa Watson Cyr
Lisa Watson Cyr
answered on Feb 6, 2018

If your son's father is not paying his court-ordered child support, you have a few options. If he is working, you may want to apply for income withholding services through the appropriate county. You also have the option to bring a motion seeking to have your son's father held in... View More

2 Answers | Asked in Family Law and Child Support for Minnesota on
Q: My ex wife signed my son up at Huntington learning center without my consent and is now demanding I pay my half of the

8000.00 bill. I, in no way, can afford this? am I liable for this bill?

Lisa Watson Cyr
Lisa Watson Cyr
answered on Feb 5, 2018

If your decree does not specifically require you to contribute to this type of expense, then there is a good chance you would not be held liable, especially where your ex-wife incurred the expense on behalf of your child without your knowledge or advance agreement.

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2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Minnesota on
Q: Ex husband contesting OFP I filed on behalf of daughter. Do I need a lawyer for the hearing?

An OFP was requested against my ex husband as there is a pending dom assault charge against my 13 year old daughter. He is requesting a hearing to contest, he has a lawyer and character witnesses. I have had a guardian ad litem visit my home to talk with daughter, CPS visited my daughter at... View More

Luke Neuville
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answered on Jan 26, 2018

You’re not required to have a lawyer but I would recommend it. When your petitioning the court for an OFP you must prove that domestic abuse has occurred by a family or household member. When requesting an OFP on behalf of a minor child, you must show abuse against the child as well. It is... View More

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1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: If its court ordered 50% custody but father hasn't come around for over 16 months, can we leave the state?

Moving is a better opportunity for us. Across country. Dad has suicide record and jail record with domestic and harassment on me within 5 years

Lucas Wynne
Lucas Wynne
answered on Dec 19, 2017

The answer to this should be in your court order. If not, you will need to contact an attorney to interpret the law for you.

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: What forms do we need to establish joint custody of our daughter since we live in the same household?

Not married. Dont plan on it either.

Lucas Wynne
Lucas Wynne
answered on Dec 19, 2017

Go to your local courthouse and ask for the family law forms for your specific issue or go to the Minnesota Courts website and click on the forms section. All the information you need will be available in the packets provided by either.

1 Answer | Asked in Family Law for Minnesota on
Q: Can my child's father keep me from living with another guy because he doesn't want my child around another man?

I'm going through a break up with my child's father and he wants me to sign a paper saying I don't bring my child around other men unless I really know them. Which in my mind doesn't make a whole lot of sense since who determines when a can bring a guy around finally?

Lucas Wynne
Lucas Wynne
answered on Dec 19, 2017

If necessary, the court will make a determination. No outcome can be guaranteed - but it will likely fall in your favor absent some risk of harm to the child.

1 Answer | Asked in Family Law, Real Estate Law and Estate Planning for Minnesota on
Q: how can i prove the last will and testament is not true that my estate has been taken from me by my fathers family,

this has happen in the state of arizona and how do i proceed in minnesota, how do i ubtain a legal copy of the last will and testa ment

Scott Maki
Scott Maki
answered on Dec 14, 2017

Hello, Thank You for your question! Unfortunately, the work you need to do is with the Arizona court where this was handled, not in a Minnesota court. But regardless, to get started, you will need a copy of the Will. Luckily, a Will that went through probate is a matter of public record (I am... View More

1 Answer | Asked in Family Law for Minnesota on
Q: Son is living with 2 drug convicted felons mother is facing 1st degree drug charges can I file emergency injunction

Mother was involved in a CHIPS case had kids removed, I received temp custody then courts gave custody back after 60 day treatment she went to 3 different rehabs and 2 different transition homes and left early to go live with 2 drug convicted felons with son I fear for his safety.

Lucas Wynne
Lucas Wynne
answered on Sep 22, 2017

You should retain the assistance of an attorney to determine if bringing a motion is worthwhile in your case.

1 Answer | Asked in Child Support and Family Law for Minnesota on
Q: am i obligated to prove how i spend my child support payments to my ex husband in minnesota?

my ex husband is trying to withhold payment till i prove how much i pay for daycare.

Lucas Wynne
Lucas Wynne
answered on Sep 22, 2017

No. If your ex-husband is withholding, you may need the assistance of an attorney.

1 Answer | Asked in Child Custody, Divorce and Family Law for Minnesota on
Q: Is my husband likely to get 50% custody of my children?

We have been separated for over 2 years (not legally), I have been the main caregiver. While he has provided financially for our needs, he isn't reliable. He doesn't have a vehicle big enough to haul our children and he lives in a basement bedroom of an elderly couples home.

Lucas Wynne
Lucas Wynne
answered on Sep 22, 2017

Each case is unique. No attorney can predict the outcome of your case. Guaranteeing an outcome is an ethics violation for an attorney that can result in reprimand or suspension.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Minnesota on
Q: I live in Wisconsin & my child custody case is also here . Can I retain an attorney from Minnesota ?

Also wondering if the attorney has to practice family law . A former classmate of mine is an attorney and I cannot afford one in Wisconsin

Joseph A. Gangi
Joseph A. Gangi
answered on Sep 11, 2017

You can hire any attorney who is licensed by the State of Wisconsin and in good standing. You can hire any other attorney so long as he or she is admitted pro hoc vice.

I question why you do not just ask your former classmate these questions. Attorneys have certain ethical requirements...
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1 Answer | Asked in Criminal Law, Family Law and Elder Law for Minnesota on
Q: I've been falsely accused of elder financial abuse against my mother. Do I need a criminal defense/family law attorney?
Lucas Wynne
Lucas Wynne
answered on Aug 11, 2017

I need to know more information to provide an answer to this question. When you say that you are being accused, who is accusing you and to whom are the accusations being made?

1 Answer | Asked in Family Law for Minnesota on
Q: I have a court order signed by the judge stating that I get my son one week after the school year Is out,

My son is now up in my hometown and they won't let him see me what do I do it is court ordered he supposed to be with me right now it is my visitation my visit

Lucas Wynne
Lucas Wynne
answered on Jun 10, 2017

The best route is to bring a motion for contempt. Bringing the motion will require strict adherence to procedure. You will likely need an attorney to bring the motion. I would also note that, depending on the situation, this may be a situation in which you should ask for compensatory parenting time... View More

1 Answer | Asked in Family Law for Minnesota on
Q: My step son wants my last name doesn't want his fathers last name doesn't see him or talk to him hardly can we change it
Lucas Wynne
Lucas Wynne
answered on Jun 10, 2017

I do not consider this to be an expensive case, but it is one for which you will likely need an attorney. Generally, this is the type of case attorneys like myself, who regularly serve the Fargo-Moorhead area, do on a flat fee because we know the amount of time and effort required. Please note that... View More

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: What is the likely hood a judge will transfer a custody case if the other parent will not agree?

My wife and her child's father started a case in the county they used to live in. We all moved to a different county that is an hour away. He dosent want to transfer. But if we transfer would

mean less comute on both parties. Child care would not be an issue.

The transfer... View More

Lucas Wynne
Lucas Wynne
answered on May 26, 2017

The court does not have to honor your request and this is a bit of a crapshoot, frankly, that is highly dependent on the judge in your case. You should make this motion early on in the case before other issues are heard. Frankly, you need an attorney. If this were my case, I would make a motion... View More

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