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Minnesota Family Law Questions & Answers
1 Answer | Asked in Family Law for Minnesota on
Q: I have been seperated from my husband for 6 years I would like to be divorced ASAP .What steps do I take .
Lucas Wynne
Lucas Wynne
answered on Jul 21, 2016

Contact an attorney or use the self-help forms on MNCourts.gov.

1 Answer | Asked in Family Law for Minnesota on
Q: What forms do I need to get more visitation? Also is it something I can do myself without a lawyer?

I got divorced 2 years ago and was working overnight which made it impossible to take my daughter who is 8, my original schedule was Saturday 3pm to Sunday 6pm every other weekend with no set holidays. I am just about to finish school and will be working a regular job with regular hours, I... View More

Lucas Wynne
Lucas Wynne
answered on Jul 21, 2016

Firstly, I suggest seeking assistance from an attorney by using the collaborative family law process to see if you might be able to avoid the time and expense of court. This will empower you to work with your ex to make decisions about your daughter's wellbeing and you are more likely to be... View More

1 Answer | Asked in Family Law for Minnesota on
Q: I have been divorced since 11/2013. My ex-wife is asking me to provide 2015 Tax Return. Do I have to provide them?

We were divorced in California, but I reside in Minnesota

Lucas Wynne
Lucas Wynne
answered on Jul 21, 2016

It depends whether she is just asking out of the blue or as part of a court proceeding.

1 Answer | Asked in Family Law for Minnesota on
Q: I am remarrying my childrens' mother. Will my child support withholding from my check at work stop automatically?

We were divorced in 2001 and are getting married again. Is there any sort of process I'll have to go through to get the county to stop holding out of my check for child support?

Lucas Wynne
Lucas Wynne
answered on Jul 21, 2016

Call your local child support office. If that doesn't work, retain an attorney - should be a simple as getting a court order.

1 Answer | Asked in Family Law for Minnesota on
Q: I have 50 50 custody of my 2 children. They are 16 & 17. They have moved in with there mother full time

Am I going to lose custody of them and have to pay child support?

Lucas Wynne
Lucas Wynne
answered on Jul 21, 2016

You need to hire an attorney. If you have 50/50 custody and the mother is refusing to honor it, it's time for a strongly worded letter with a ticking clock from an attorney. If she still refuses it, it's time to go to court.

1 Answer | Asked in Family Law for Minnesota on
Q: My daughter is 18 and I still owe some back child support. I have 2 jobs and combined they took my then I owe in a month

I was wondering if they r allowed to take more then they should?? Thank you for ur time

Lucas Wynne
Lucas Wynne
answered on Jul 21, 2016

Call your local child support office to work things out. If that doesn't work or you hit a wall, call an attorney.

1 Answer | Asked in Criminal Law and Family Law for Minnesota on
Q: Can the family court use a different case that was dismissed an there were no charges to take my kids an give them to ex

The court granted my ex a order of protection on the false accusations of my ex an I had not been charged with anything my ex is supervisor at post office he had been cheating or engaged to another women for the last three years as well as me. He had me come to his work. He jumped through window... View More

Lucas Wynne
Lucas Wynne
answered on Jul 20, 2016

I'm not entirely sure I understand your question. However, it would not hurt to call a lawyer for a free consultation. Most of us offer free consultations and the purpose of the consultation is to determine what could be done by the lawyer to remedy your situation. I would be less worried... View More

1 Answer | Asked in Family Law for Minnesota on
Q: My husband is done with current support but does owe arrears. What is the amount they can legally order him to pay?
Lucas Wynne
Lucas Wynne
answered on Jul 19, 2016

Based on the limited information provided, the answer is likely to be arrears plus any interest or other charges so ordered by the court. However, there is not enough information provided to render a complete answer.

1 Answer | Asked in Family Law for Minnesota on
Q: Can my child's father increase his parenting time with his non-custodial daughter? We have 2 younger children together.

My sons' father has a daughter, S, who will be 13 in Sept. We haven't done anything up to now, we've been discouraged but *I'm very concerned about changes which impacts our kids greatly. We have her every other weekend, live in a different city, making things difficult. I... View More

Lucas Wynne
Lucas Wynne
answered on Jul 19, 2016

I'm not sure if there is currently a court order in your case. However, if there is, you could bring a motion to modify parenting time rather than continue to allow "K" to bully you and your husband at her own whim. Hiring an attorney is highly suggested.

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: Is there a way to find if my husband filed for divorce or he is just saying it and never did it?
Lucas Wynne
Lucas Wynne
answered on Jul 19, 2016

Contact an attorney and ask for limited representation. If you are wishing to divorce, contact an attorney to beat him to it.

1 Answer | Asked in Divorce, Family Law and Juvenile Law for Minnesota on
Q: Is it true that after five children, the father doesn't have to pay child support?

Would it be true for children all from the same mother, or all different mothers?

Lucas Wynne
Lucas Wynne
answered on Jul 19, 2016

Child support does not stop because you had a certain number of children.

1 Answer | Asked in Family Law for Minnesota on
Q: This is complex, atleast to me, so I will try to cover all the bases. So we have 3 kids and we were never married but

we broke up and share time with the kids. I usually have them 3 days and she has them 4. However, when she has them I take them to school and pick them up all week. I was the primary caregiver to the kids while she worked on her career. We both worked and paid for pretty much everything 50-50.... View More

Lucas Wynne
Lucas Wynne
answered on Jul 19, 2016

You need to retain a family law attorney ASAP. Your question likely went unanswered because it is too fact-dependent to answer online.

1 Answer | Asked in Family Law for Minnesota on
Q: i have full custody of both my children and am interested in giving my parents temporary custody. Can this be done?

The father never signed birth certificates or ROP. I am only wanting to give my parents custody for 4-6 months. How easy is this and how easily is it to get the custody signed back?

Lucas Wynne
Lucas Wynne
answered on Jul 19, 2016

This question is too highly dependent on your particular situation for me to provide an answer here, I apologize.

1 Answer | Asked in Family Law for Minnesota on
Q: My children's father has been absent from their lives for the past 10 years. However he now wants full custody.

He hasn't been there for the boys and refuses to return phone calls or txt messages. His father is the one pushing him. He currently is holding the following against me. 1. I was laid off of my job. 2. I lost my home because of his. I'm currently living with my mom and the boys... View More

Lucas Wynne
Lucas Wynne
answered on Jul 19, 2016

If he files a motion and the court awards him custody, then yes. However, you should hire an attorney if that occurs.

1 Answer | Asked in Family Law for Minnesota on
Q: Can a petitioner get on legal trouble for filing an affidavit of dismissal for an OFP shortly after the OFP was issued
Lucas Wynne
Lucas Wynne
answered on Jul 19, 2016

If you want to fight this, you need to call an attorney today and get representation today. These are VERY time sensitive issues. If you want to do this yourself, visit this link: http://www.mncourts.gov/GetForms.aspx?c=17&p=64 With that being said, it is highly recommended you retain an... View More

1 Answer | Asked in Family Law for Minnesota on
Q: I was awarded sole custody, ex claims it isn't legal and he's suing. He defaulted on dissolution. Can he reopen the case

Respondent failed to appear, respond, or complete parenting class and is now claiming he didn't know about any of it even though he was served personally by the local sheriffs office. He has apparently moved to a different state but failed to update his address with the court or even make a... View More

Lucas Wynne
Lucas Wynne
answered on Jul 19, 2016

Don't worry about hi claim that it's illegal, that's nonsense. Secondly, you should call an attorney now to get in front of this.

1 Answer | Asked in Juvenile Law and Family Law for Minnesota on
Q: Is it legal for a 17 year old to move back in with there dad after living with grandparents

I am going to be 17 in four days and have been living with my grandparents since the end of my 8 th grade year. I would like to move back in with my dad

Lucas Wynne
Lucas Wynne
answered on Jul 18, 2016

Is it legal? Yes, it is absolutely legal as long as your grandparents did not become your guardians and your dad's rights as your father have not otherwise been interfered with.

1 Answer | Asked in Family Law for Minnesota on
Q: Trying to increase visitation. What kind of living arrangements do you have to provide for your non-custodial child?

My stepdaughter is turning 13 soon. I have 2 younger children with my husband, and we are hoping to get more parenting time with her for their sake. Her mom recently had a baby. It has been difficult dealing with the mom & getting the time we're allowed to have with her. Recently, the mom... View More

Lucas Wynne
Lucas Wynne
answered on Jul 18, 2016

Firstly, I have to ask why you only want 25% parenting time. Frankly, the amount of parenting time you are asking for makes me assume you are unrepresented as asking for 25% would, in most cases, not be very tactful. Although I do not know the particular circumstances of your case, this is my first... View More

1 Answer | Asked in Family Law for Minnesota on
Q: Joint legal- do you have to inform other parent about taking child to therapy? Can you ask for 6 months of back co-pays?

Joint legal- do you have to inform other parent about taking child to therapy? Can you ask for 6 months of back co-pays?

My husband had no knowledge of the therapy. After asking the mother to split half of the child's car insurance, she states that he owes half of all the co-pays that... View More

Lucas Wynne
Lucas Wynne
answered on Jul 18, 2016

My hesitation in answering this question is that I do not want you to post another question which might result in disclosing too much information publicly. Whether the money is owed is highly dependent on the law specific to your particular case, including any previous court orders. An attorney can... View More

1 Answer | Asked in Family Law for Minnesota on
Q: Can I block my son's father from visitation rights?

His dad moved while I was pregnant. Horrible communication. Rarely visited. Sporadic contact for 10yrs. Asked me tI move here year ago we moved in Sept. so he can be a real dad. Now June. Doesn't reply to son's calls/texts. Outright ignored him at wedding both were in. Hasn't spent... View More

Lucas Wynne
Lucas Wynne
answered on Jul 18, 2016

Well, it depends. If there is a reason under the law that the father should not see the son and the judge agrees, then it is a possibility. However, these situations are rare. Depending on the fact of your case, a modification may be possible. The only way to know, frankly, is to bring a motion and... View More

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