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Minnesota Family Law Questions & Answers
1 Answer | Asked in Domestic Violence and Family Law for Minnesota on
Q: Can my sons father get a restraining order dropped its been in place for 6 months now and he didnt even respond.

He didnt even respond to the restraining order and now we are in custoday case in another county he filled in the restraining order is for me and my children. The custody judge said she could over rule it can she? And she told him ti go to my county and get order dropped can he?

Lucas Wynne
Lucas Wynne
answered on May 26, 2017

Go to MNCourts.gov and find the "Affidavit and Order for Dismissal" form. Then, file it as instructed by the website.

1 Answer | Asked in Family Law for Minnesota on
Q: My daughter terminated her legal rights to her daughter, does that mean my legal rights have been terminated as well?
Joseph A. Gangi
Joseph A. Gangi
answered on Apr 20, 2017

Grandparents may have certain rights - you should make an appointment with a family law attorney before it is too late.

1 Answer | Asked in Family Law for Minnesota on
Q: My lawyer pressured me to sign a stipulation without a notary present and without her legal counsel. What can I do?

The stipulation was misrepresented to me by my lawyer over the phone and I was pressured to sign it without full review because my lawyer claimed she would be closing her office soon after I arrived or that only her paralegal might be present. When I arrived the paralegal had the form ready but my... View More

Lucas Wynne
Lucas Wynne
answered on Mar 28, 2017

Inform your lawyer that you are not in agreement with the stipulation.

1 Answer | Asked in Family Law for Minnesota on
Q: How do I file a parenting plan if the cust parent refuses to cooperate?

Ive DL'd software, and asked multiple times.

Lucas Wynne
Lucas Wynne
answered on Mar 28, 2017

Your question is much too broad to properly answer here. Importantly, I am unaware if a previous court order exists.

1 Answer | Asked in Family Law for Minnesota on
Q: My nephews mother won't let me see my nephew all of a sudden. Can I ask the courts to give me visutation
Lucas Wynne
Lucas Wynne
answered on Mar 15, 2017

You can technically ask the courts for anything, but in this particular case your petition would surely be denied as the Minnesota Court of Appeals has held that aunts do not have a right to visitation. The one exception? If you played the role of parent in your niece's life (which does not... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Minnesota on
Q: How do I qualify for legal help?

I am going through a divorce and custody dispute. My soon to be ex is playing hard ball and I want what is best for the kids,

Lucas Wynne
Lucas Wynne
answered on Mar 7, 2017

You pay for an attorney. If you cannot afford an attorney, you seek help from your local legal services organization. However, the local legal services organization is not under any obligation to represent you.

1 Answer | Asked in Divorce, Family Law and Child Custody for Minnesota on
Q: My son's job takes him out of state as well as being local can he still get joint/full custody of his adopted daughter?

His wife claims she never loved him and only married him because she was going to try to make herself love him. They had a courthouse marriage to proceed with the adoption 2/16. She has mental health issues and suffers from PTSD although she acts bipolar and has told him he would not be granted any... View More

Lucas Wynne
Lucas Wynne
answered on Mar 7, 2017

Divorce? The daughter-in-law sounds like quite the keeper! All jokes aside, the fact of the matter is that no attorney can predict the outcome of any case. In fact, we are prohibited from guaranteeing outcomes to our clients. With that being said, joint custody is the preference of the courts in... View More

1 Answer | Asked in Adoption and Family Law for Minnesota on
Q: My wife and I had a baby using a sperm donor and got married when same sex marriage was legalized. How can I adopt her?
Lucas Wynne
Lucas Wynne
answered on Mar 4, 2017

Unfortunately, your question is too vague for me to interpret it and provide an answer. Whether you are heterosexual or homosexual (which I cannot determine from your question), the same sex marriage legalization would be of no consequence as both types of marriages are treated equally under the... View More

1 Answer | Asked in Contracts, Criminal Law, Family Law and Federal Crimes for Minnesota on
Q: Would emancipation wedding with someone I love help get them out of a charge with me that's 3rd degree sexual conduct?

I am 16 and my boyfriend is 22 he just turned 22 not even a month ago. Me and him have been dating awhile and I hate where I live and have been wanting to live with him and start our lives. (I know I am young but I am mature enough). While with these charges would we still be able to get married... View More

Lucas Wynne
Lucas Wynne
answered on Mar 3, 2017

Consent is not a defense to the statutory rape of a minor in the state of Minnesota. Thus, marrying this individual would not result in the charges being dropped. Further, the marriage would require parental consent. I suspect the state would not take too kindly to your parents granting you consent... View More

1 Answer | Asked in Family Law, Civil Rights, Legal Malpractice and Criminal Law for Minnesota on
Q: can I get my retainer back if the attorney didn't defend me in court did say a word to the petitioners or there atty.

I hired a attorney and payed him $5000.00 dallors to defend my case. from august 2016 until now March 1, 2017 he filed for a rehearing and he has not got a court date, September 9th, 2016 he filed for a rehearing and since then he has not try to contact me I have to call him and I ask him to talk... View More

Lucas Wynne
Lucas Wynne
answered on Mar 3, 2017

1. You asked your attorney to file a civil complaint and there is no indication that your attorney could file a civil complaint in your case. In fact, based on the limited information you have provided your attorney would not be able to file a separate case.

2. You retained your attorney to...
View More

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: My ex is refusing to give me my daughters new cell phone number. He will not respond to my text.

I have requested that I see my daughter on three different occasions to no avail. He claims my daughter doesn't want to see me or talk to me, via Notice of Motion and Motion served to me. What teenager wants to hang out with the disciplinarian? We have 50/50 physical and legal custody. Can... View More

Lucas Wynne
Lucas Wynne
answered on Sep 17, 2016

I cannot answer this question without first reviewing the order that is in place. There is a good possibility, based on the information provided, that you could bring your ex to court for his wilful denial of parenting time. This should only be attempted with an attorney due to the procedural and... View More

1 Answer | Asked in Family Law for Minnesota on
Q: Is it legal to use deferred income to reduce child support
Lucas Wynne
Lucas Wynne
answered on Sep 9, 2016

The court will count deferred income as part of the gross income unless improperly informed. I am not sure if you are the individual with the deferred income or the other party based on your question. If you are facing a child support issue, it is wise to hire an attorney.

1 Answer | Asked in Family Law for Minnesota on
Q: How do I force my teen to go on visitation with his dad?

Joint custody live in MN. Been divorced 10 years there has been reports of abuse by his step mom and his father they also have 8 other kids at home that are all their children mine is the only one not hers. Ex has a history of domestic violence.

Lucas Wynne
Lucas Wynne
answered on Sep 6, 2016

The stepmother has been accused of abuse or has reported that your son's father has abused the children?

1 Answer | Asked in Family Law for Minnesota on
Q: Do I have to go to the county I filed a motion to request that it be dismissed?
Lucas Wynne
Lucas Wynne
answered on Aug 15, 2016

This question is much too vague. Frankly, it is not advised to represent yourself in a family law proceeding. The rules of procedure are complex and there is too much at stake.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: I'm trying to use the family court to remove an OFP and get parent time. Any help with what documents I need?

My ex put a restraining order on me against my children. One night they told her I had disciplined them at the library for being brats and she freaked out and ran to the court house. She is well versed in using fear to fool people into thinking she is a victume. It has got her a lot of attention... View More

Lucas Wynne
Lucas Wynne
answered on Aug 10, 2016

Any advice given on this website would not adequately address your needs. An attorney needs to know more about your case and see the various orders to make a determination. You will need to hire an attorney to determine if there is anything that can be done. Expect paying a nominal fee for the... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Minnesota on
Q: Ex wife put a restraining order on me against my children. judge made an interesting ruling allowing me to petition it.

The Judge ruled in favor of my ex saying I was instilling fear in my children because I disciplined them at the library and she didn't like that. He ruled that I should take a family class and family therapy with the children and he would allow me to petition the court to remove the OFP. We... View More

Lucas Wynne
Lucas Wynne
answered on Aug 4, 2016

An attorney is the way to go. An attorney can help you make a motion and represent you at a hearing to establish your rights, although results cannot be guaranteed. More information is needed to determine if this would be possible in your particular scenario.

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: Can my boyfriends daughters mother say that i cant be around the child without a valid reason?

My boyfriend has a 6mo daughter named Amelia. And i want to meet her really badly ive already bought over $100 of stuff for her. But samantha, my boyfriends baby momma, doesnt want me around amelia only because i am dating him. And doesnt let his side of the family see amelia either. Is that legal... View More

Lucas Wynne
Lucas Wynne
answered on Aug 4, 2016

I do not know enough of the particulars of this situation to address it here. Frankly, your boyfriend needs to establish his visitation (aka parenting time) and should retain an attorney.

1 Answer | Asked in Family Law for Minnesota on
Q: My ex-husband recorded a CC call b/t ourselves & our parenting consultant is he required to give me a copy of the call?

I live in Minnesota and I know recording a conversation is a "one Party consent" state. Is he required to give me a copy of the conference call since he disclosed it our parenting consultant? I am trying to get the parenting consultant removed since she is one sided on her rulings and... View More

Lucas Wynne
Lucas Wynne
answered on Jul 28, 2016

Do you have an attorney? If so, this would be best to discuss with your attorney. You should likely make a motion for approval by the judge in which you request the recording if the other party is not willing to offer it to you.

1 Answer | Asked in Family Law, Child Custody, Child Support and Social Security for Minnesota on
Q: I was served with a O.C.G.A. 29-2-8(b) and have many concerns. Don't know where to start. No income? Who can help ?

I live in MN she lives now in GA father passed away and guardianship went to grandmother. And now grandmother passed . The uncle of my daughter is now asking for temporary guardianship and I feel she should come 2 me. I am willing 2 transition her slowly here to Minnesota but need to know my rights.

Lucas Wynne
Lucas Wynne
answered on Jul 25, 2016

Call your local legal services office for help. Considering you have no income, you likely qualify for help.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: My child's mom agreed to let me take our child to an event during her (mom's) time. Does she have to stick to that?

I asked her via text with date and time over a month ago and she agreed. When I picked my daughter up a couple of days ago she mentioned they would be traveling this weekend during the event. Can she do that? Do I have any right in this situation?

Legal custody is joint and physical custody... View More

Lucas Wynne
Lucas Wynne
answered on Jul 21, 2016

If she volunteered her time to you, then no you do not have any rights in this particular situation as she has the right to exercise her parenting time as she sees fit and (based on the information you provided) there does not seem to be a binding agreement. If you would like to explore options to... View More

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