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Minnesota Family Law Questions & Answers
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

1 Answer | Asked in Family Law for Minnesota on
Q: we live in MN. separated for 5 years (not legally). do i have to pay child support?

4 years of seperation wife got payed 4000$ a mo and i got 2000$ a mo. last year i started new job and get paid 4000$ a mo and my wife get today about 5000$ a mo. my wife gets all kind of benefits from her work and i don't have any and never did.

Kristen Bullock
Kristen Bullock
answered on Jul 10, 2014

Child support is not only based on the parents' income but also the parenting time. So more information would be needed to answer this question. If you have any questions please feel free to contact me at 651.270.6484.

1 Answer | Asked in Family Law for Minnesota on
Q: how can u check to see if the mom of my child has filed for child support or not? she said she did but havent got papers

she said she filed for child support 3 months ago and I still haven't recived any papers

Kristen Bullock
Kristen Bullock
answered on Jul 10, 2014

You should be able to call the courthouse in the county where mom or the child resides to see if anything has been filed. You can find the contact information for all the courts at www.mncourts.gov. Please feel free to contact me if you have any questions or need legal representation... View More

1 Answer | Asked in Family Law for Minnesota on
Q: I have sole custody of my daughters, their father does not have any parenting time,visitation etc, What r my rights?

He did sign an R.O.P. when they were born and we have an open child support case, in which I'm not receiving it anyways...

Kristen Bullock
Kristen Bullock
answered on Jul 10, 2014

You would have sole legal and physical custody of your child. Legal custody is the right to make decision involving religious, medical, and educational issues. Physical custody means the parent that makes decision regarding the daily care of the minor child.

1 Answer | Asked in Family Law for Minnesota on
Q: Do I have any rights to property my live in boyfriend inherited during our 4 year live in relationship? We have a baby.
Kristen Bullock
Kristen Bullock
answered on May 1, 2014

No, you are not entitled to property that your boyfriend inherited.

1 Answer | Asked in Family Law for Minnesota on
Q: x- husband assaulted our son and hasn't seen our son since court can i file Abandonment to terminate rights?

there was a no contact order from 2011 till he went to prison 2013- and set to get out in 2016-

Kristen Bullock
Kristen Bullock
answered on May 1, 2014

There is not enough information to answer your question and give you good advice. I would set up a consultation with a family law attorney to determine your options.

1 Answer | Asked in Family Law for Minnesota on
Q: My husband has a fifth degree criminal sexual conduct charge will this effect mr getting custody of my daughter back

He was charged with this 4 years ago and my mom currently has custody of my daughter. My husband is not my daughters father.

Kristen Bullock
Kristen Bullock
answered on Mar 10, 2014

This certainly could affect whether you have custody of your caught. The court will look at who ever is living in your household and would take into consideration that he has been criminally charged. It would heavily depend on the facts of your case and the facts surrounding your husband's... View More

1 Answer | Asked in Family Law for Minnesota on
Q: If non custodial parent doesn't use visitation can it be reduced?

I am the custodial parent of a 13 year old. The non-custodial parent moved away and hasn't seen him in 5 years. When he moved he gave me full custody but kept the right to reasonable (25%) parenting time so he could visit him when he came back to town. He has not used the parenting time for... View More

Kristen Bullock
Kristen Bullock
answered on Feb 24, 2014

You will have to go back to court to change child support. Depending on how the decree is written you may not have to have the custody decree amended and may be only required to file a motion for child support. In any event, you have to meet certain requirements before you can seek a modification... View More

2 Answers | Asked in Family Law for Minnesota on
Q: Can my parents(legal guardians) give me tempory guardianship of my niece so that she can go to school in MN vs AZ?
Kristen Bullock
Kristen Bullock
answered on Feb 24, 2014

The answer to this question depends on many factors including the custodial status of the children with your parents. I believe you should consult with an attorney to discuss this issue.

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2 Answers | Asked in Family Law for Minnesota on
Q: MY DAUGHTERS ARE BEING VERBALY AND PHYSICALLY ABUSED BY THEIR MOTHER. CALL POLICE BUT THEY COULDNT HELP. WHAT CAN I DO?
Kristen Bullock
Kristen Bullock
answered on Feb 24, 2014

You could try calling Child Protective Services but they generally only get involved in more extreme cases of abuse where the child is in imminent danger of being harmed. Depending on many factors (including the custody status) you may want to contact an attorney to discuss filing a motion in... View More

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