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Minnesota Family Law Questions & Answers
1 Answer | Asked in Family Law for Minnesota on
Q: What are the chances of modification of parenting time from 16/84 to 50/50 parenting time?

My ex and I have joint physical and legal custody of our 3 children ages 3, 4 and 6. They have lived with me for 2 years and we've been divorced for 3 years. In those 3 years, I have had the same relationship, same job, and same home. The mother has moved 10 times, had 8 significant others... View More

Lucas Wynne
Lucas Wynne
answered on Jul 18, 2016

There is not number I could give you as the likelihood depends on the facts of your case, the judge, and the people involved. Your children are important to you - I suggest retaining an attorney who understands the rights men face losing every day and prepare for a fight.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Why do I have a court date for a hearing on a motion to reconsider but I haven't received a brief? What is the process?

I read online that these motions are prohibited unless there is compelling evidence which must be submitted to both parties. I haven't received anything other than the date. This is for a child custody case.

Lucas Wynne
Lucas Wynne
answered on Jul 18, 2016

I will provide a simple answer here because I do not know the information in your case. Firstly, you should retain an attorney. Secondly, there is likely a brief somewhere in the court system that an attorney could help you find. Your attorney should write a reply brief and build a strong case for... View More

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: If a mother needs a child with their legal father and refuses to help out for 7years can the father have full custody

I've had my son since he was 8 months old, after struggling for my son to have his mother involved in his life in her willingly ignoring our phone calls and text. She'd have to argue every time I asked for her to help out. Claiming she did not have a job or a car or license but she was... View More

Lucas Wynne
Lucas Wynne
answered on Jul 18, 2016

You need to hire an attorney for competent help in this matter. Based on your question, I am unsure if a primary custodian has been established by way of court order or if this has simply been the arrangement. These battles can be tough, so be sure to hire an attorney who is equally tough. Hope... View More

1 Answer | Asked in Family Law for Minnesota on
Q: is there anything legal i can do to see my grandson

i am a first time grandma as of june 9th and have tried to see him but was told i can't until i tell my daughter in law sorry and I did that and still hear nothing from them i have been trying for weeks to see him and get no response when i ask if they are going to be around so i can come up... View More

Lucas Wynne
Lucas Wynne
answered on Jul 18, 2016

Whether you could petition the court for visitation with any level of success is highly dependent on your specific scenario. Although a court can order visitation for grandparents, it is only awarded under certain circumstances and you would likely need an attorney. If you could work things out... View More

2 Answers | Asked in Family Law and Child Custody for Minnesota on
Q: My children currently live with my mother and father. My parents are court ordered to allow me phone calls and social me

Media contact with my children yet the refuse to even let me speak to them unless, my children are with me on visits. As well as they have completely alienated my children from family and they go nowhere and see nobody except , one aunt occasionally and that aunts exhusband. My mother has had... View More

Lucas Wynne
Lucas Wynne
answered on Jul 18, 2016

I understand your concerns. You should find the number for your regional Legal Services office, give them a call, and go from there.

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1 Answer | Asked in Family Law for Minnesota on
Q: in the state of Minnesota, can a man annull a 12 year marriage without the knowledge of the wife?
Lucas Wynne
Lucas Wynne
answered on Jul 18, 2016

You cannot annul your marriage without notice to your wife. Although I do not know the specifics of your particular case and can only provide limited information without knowing more, getting an annulment after twelve years of marriage would likely be an uphill battle. If you are seeking an... View More

1 Answer | Asked in Family Law for Minnesota on
Q: I have full legal/physical custody,no father involvement in 7 years. Do I need his permission to change her last name?
Joseph A. Gangi
Joseph A. Gangi
answered on Nov 10, 2015

Generally you need to provide the non-applicant parent with notice of the name change / hearing. You should hire an attorney to make sure this is done properly.

1 Answer | Asked in Family Law for Minnesota on
Q: What else can I do to ensure my child's father is served with child support papers?

Kids dad can not be served at the addresss I have given because people who live there say he doesnt live there. They call him he doesnt answer or return calls. I have provided the server with his job information but he works at a temp agency (I know real winner !!) and from what I'm being told... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 3, 2015

You are saying two contradictory things:

"He can not be served at the addresss I have given because people who live there say he doesnt live there."; and

"The information I have provided for home and work is current." If he doesn't live at the address you...
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1 Answer | Asked in Family Law for Minnesota on
Q: Do I have to follow Guardian ad Litem's recommended parenting time schedule before an order is made?

A hearing will be requested, but is not set yet. GAL was appointed to make temporary and permanent recommendations, but no date was specified for parenting time to begin.

Kristen Bullock
Kristen Bullock
answered on Oct 17, 2015

You are not legally obligated to follow a Guardian ad Litem's recommendations regarding parenting time. However, depending on the situation it may be advisable. I would need more information before adequately answering your question and providing advice.

1 Answer | Asked in Family Law for Minnesota on
Q: If a mother leaves her kids can she take them back without the fathers permission?

My cousin and his wife (soon to be divorced) are having problems. She walked out on him and her kids to live with her boyfriend months ago. And now is threatining to take the girls away. Is it illegal for her to do so? What should he do?

Kristen Bullock
Kristen Bullock
answered on Oct 17, 2015

I would need more information to adequately answer your question. For starters, it depends on whether there is a court order granting your cousin parenting time. Please have your cousin contact me if he is interested in setting up a consultation at #651.270.6484.

1 Answer | Asked in Family Law for Minnesota on
Q: Can a judge reverse emancipation of an 18 year old?

I have a question, my husband's 18 year old son was just officially emancipated. He had dropped out of high school. Now as soon as my husband filed to have child support reduced due to the emancipation, his ex wife got his son into a GED prep program. Is it possible the GED prep program will... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 8, 2015

You seem to be asking the wrong question. You will have to read the final judgment to see if and when the child support will terminate, and the husband might have to go see a family law attorney. It normally terminates when the child turns 18. But it can be tricky. Usually, in my state, if the... View More

2 Answers | Asked in Family Law for Minnesota on
Q: Can I forfeit parental rights?

My son attempted suicide, my wife and I moved across country to be near him. After 3 months in the Hospital and 3 in a mental institution he's now acting out and getting in trouble with the law. His mother undermines the little authority I had. He recently got in trouble with the law and I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 9, 2015

If he is still a minor, you may have some responsibility for him. But forfeiting parental RIGHTS won't affect your parental duties; whatever responsibility you have would remain unchanged.

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1 Answer | Asked in Family Law for Minnesota on
Q: How do I file for full custody of my child? Her father has been incarcerated for almost 7 years now.

I would like to know if I do file would I win full custody of my child. He has not been in her life since she was born. He has been in prison for 7 years now and I feel like he does not deserve to be in her life. I've been supporting her since she was born as a single mother and it was very... View More

Gina Marie Famularo
Gina Marie Famularo
answered on Nov 18, 2014

This question is more complicated than a simple answer can provide. There are too many variables. We're you married? Is father on the birth certificate? Has there ever been a court order concerning your daughter? What do you mean by full custody? Find a local attorney and go get a consultation.

1 Answer | Asked in Family Law for Minnesota on
Q: Can 2 parents agree to NO child Support ?
Kristen Bullock
Kristen Bullock
answered on Sep 2, 2014

Yes, parents can agree that no child support will be exchanged between the parties. However, keep in mind, the judge has the ultimate decision whether an agreement will be accepted. Also, if one parent is receiving certain forms of public assistance the county may have to agree as well.

1 Answer | Asked in Family Law for Minnesota on
Q: If the father wants nothing to do with the child after it is born does he still need to pay child support?
Kristen Bullock
Kristen Bullock
answered on Sep 2, 2014

Yes, parents are obligated to pay support for their minor children. It does not matter if father is not interested in maintaining a relationship with the child.

1 Answer | Asked in Family Law for Minnesota on
Q: I am married but been seperated for a year. Am I able to take our children and move out of state?

Their father is abusive and rarely sees them. There is no court order deciding custody or visitation. I need to move out of this house but am having on luck finding anything here. I am considering moving out of state so my children don't end up homeless.

Kristen Bullock
Kristen Bullock
answered on Sep 2, 2014

This question is complex and more facts would be needed to properly answer your question. Please feel free to contact me at 651.270.6484 to discuss your issue.

1 Answer | Asked in Family Law for Minnesota on
Q: I have an existing court order granting me full physical custody, we went to court after and got a parenting time ..

expeditor. The judge never made us find one. The father has not seen my kids in a year. Can i leave state without his consent with my kids? I know he can't pay to get an expeditor so he can't take me back to court again, can he?

Kristen Bullock
Kristen Bullock
answered on Sep 2, 2014

Because Father has parenting time, you would need either Father's consent or court permission to leave the state. This advice is general and if you want advice specific to your case you can contact me at 651-270-6484.

1 Answer | Asked in Family Law for Minnesota on
Q: What happens with child support when my daughter turns 18 and I still have my son half the time?
Kristen Bullock
Kristen Bullock
answered on Sep 2, 2014

It depends on how the child support order was written. However, in general, there is no automatic reduction when one of the children become emancipated (turn 18 or graduate from high school). The obligor is still responsible until they file in court asking or a reduction. Again, that would depend... View More

1 Answer | Asked in Family Law for Minnesota on
Q: Can you take a child out of state without permission from the other parent?

My brother shares custody of his son had him for 5months. The mother moved out of state without permission. He don't want his son that far away. She moved a lot.. plz help

Kristen Bullock
Kristen Bullock
answered on Sep 2, 2014

Since your brother shares custody, Mother should not have moved out of the state with the minor child without his agreement or court permission. Your brother should contact an attorney right away before Minnesota loses jurisdiction and the other state gets jurisdiction. I handle these matters,... View More

1 Answer | Asked in Family Law for Minnesota on
Q: The father of my daughter was in jail from 2004-2009 for sexual crime can he get custody of her? He's not seen her in 8

He lives in minn and i live in illinois... Hes trying to say he can go to court and get custody... He hasn't seen her in 8 yrs... He says he has rights.. I have never gotten a dime for support and she doesn't even know him...

Kristen Bullock
Kristen Bullock
answered on Jul 10, 2014

More information would be needed to fully answer this question. However, I would not get overly concerned about father's threats unless you get served with court papers as it seems like he has some issues that would make it difficult for him to get custody. Please feel free to contact me if... View More

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