Lawyers, Answer Questions  & Get Points Log In
Minnesota Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Support for Minnesota on
Q: When there is more than one child under the support order, does it modify automaticallywhen one of the children turn 18?

There are two children, under the support order, one of which is 18 as of January 2019 and will graduate June 2019. the other is 12. When contacted about how the order and amount being paid for support will change due to one child turning 18, the case worker says in Minnesota, the support order... Read more »

Lisa Watson Cyr
Lisa Watson Cyr answered on Apr 25, 2019

If the child support order does not provide a specific amount for each child, then upon the emancipation of each child the child support obligor must bring a motion to modify the child support on the basis of emancipation of a child pursuant to Minn. Stat. 518A.39, Subd. 5(c).

1 Answer | Asked in Contracts, Estate Planning and Family Law for Minnesota on
Q: Does the principle have to be present at a TX bank, if both co-agents of a DPOA want to modify the principles account?

My cousin and I are both the agents (acting jointly) for our Aunt, who's 79 yrs old, on a durable power of a attorney.

The Principle has diminished mental capacity, is a US citizen currently living in the Philippines. One agent is in Nevada, the other agent is in Minnesota. Only one agent... Read more »

Joshua Damberg
Joshua Damberg answered on Feb 6, 2019

Generally, the answer to this is no. The Principal should not need to be present for his or her Attorney(s)-in-Fact to use the Power of Attorney document. In light of the recent epidemic of misuse of POAs and the exploitation of the elderly, many banks have attempted to institute additional... Read more »

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Civil Rights for Minnesota on
Q: Who can you contact regarding no charges being filed against a sexual predator?

Mid twenty year old male who is labeled as a vulnerable adult sexually assaulted a 7 year old male child. The child confirmed this in an interview along with the predator admitting it happened along with his guardian admitting it happened. Also this is not the first time this predator has sexually... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 19, 2018

The County Attorney for the county where the offense occurred makes any charging decisions about whether to move forward with charging the matter out. I am assuming that there must be some valid reason why he or she is choosing not charge the case.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Minnesota on
Q: What If proper procedure was not followed by Minnesota statue.

I was initially served by alternate means other than publication an Affidavit of service by mail dated June 21 2018 is on file with the court the Court held a hearing on June 28th 2018 and I did not appear the court issued an order for protection dated June 28th 2018 by default

Joseph A. Gangi
Joseph A. Gangi answered on Aug 15, 2018

Speak with an attorney. If you were not properly served, you may be able to reopen the case.

1 Answer | Asked in Bankruptcy, Divorce and Family Law for Minnesota on
Q: Want to file for divorce. Also have a collection court date. Can I file for divorce & bankruptcy at same time? What 1st?

Husband charged up card in my name. No big deal til he quit paying. I cannot afford the huge payment. I want to file for divorce due to emotional,financial and verbal abuse. 3 kids stuck in the middle of this big mess. Summons showed up from the people who bought the debt. Tried to settle but they... Read more »

Timothy Denison
Timothy Denison answered on Aug 10, 2018

Bankruptcy first, then divorce. Bankruptcy will be over in 90 days.

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: Can I remove/rescind my divorce petition at any time? Can the judge deny me that? Can I do it at the start of trial?

I filed for divorce and want to remove my divorce petition. Trial starts next week. I believe that the attorney for the other party put in place that if I removed my petition that she would automatically become the petitioner and we would proceed from there. Though I do not believe that my wife... Read more »

D. Patrick McCullough
D. Patrick McCullough answered on May 10, 2018

The Judge cannot deny you the right to withdraw your Petition; however, I am guessing your spouse served and filed a Counter-Petition and if so she can proceed on her Counter-Petition over your objection.

1 Answer | Asked in Family Law, Immigration Law and Divorce for Minnesota on
Q: Hi!My friend has been married to a US citizen for 7 years, has 2 kids and just recently came to the US on a visit visa

Never applied for immigration/spouse visa etc. Her husband just asked for divorce, and is threatening her to take her kids, kick her out, etc. She doesn't know what to do, or how to get help. any advice?

Carl Shusterman
Carl Shusterman answered on May 8, 2018

She should schedule an appointment with an experienced immigration attorney.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: I left my husband we are not legally separated but he demands to see kids every other wknd do i have to send them
D. Patrick McCullough
D. Patrick McCullough answered on May 4, 2018

If there is no court Order, and he is the father of the children, each of you have the right to have the children and equally each of you can "take" the children anytime each of you wants, until there is a court Order designating what days each of you have. Is he harmful to the children or is there... Read more »

1 Answer | Asked in Family Law for Minnesota on
Q: I want to go back to my mother

I had decided to move in with my father when I was 14 and my parents were already separated my dad now I think my dad has shared custody of me, however I am not totally sure. I want to go back to my mother.

Lisa Watson Cyr
Lisa Watson Cyr answered on Apr 9, 2018

You need to talk with your parents as to your reasons for wanting a change in the time you spend with each of them.

1 Answer | Asked in Family Law, Personal Injury, Animal / Dog Law and Child Custody for Minnesota on
Q: My daughter was recently bitten in the face at her mom's boyfriend's house and received over 100 stitches, can I sue

She was laying in her bed when dog attacked

Lisa Watson Cyr
Lisa Watson Cyr answered on Apr 9, 2018

Most likely, but you need to talk with an attorney as soon as possible to go over the specific facts of the unfortunate attack.

1 Answer | Asked in Child Support and Family Law for Minnesota on
Q: How can I get my support lowered as my income has decreased singnificantly.?

Mom makes more than Dad. Dad had to quit job to watch kids that are under his care because Support money made it impossible to pay for daycare. Support isn't being used for caring for daughter, she's never wearing shoes that fit, her hygiene is questionable.. Also daughter will be with dad full... Read more »

D. Patrick McCullough
D. Patrick McCullough answered on Apr 4, 2018

A substantial change in financial circumstances can be a basis to change a child support obligation. I would need to know much more to give you a complete answer. You would need to bring a motion in order to lower support(unless your X agreed). You should talk with an atty to help you.

1 Answer | Asked in Family Law, Domestic Violence and Child Custody for Minnesota on
Q: I am a Grandparent to 4 granddaughters that are in harms way with their parents. I want to file for emergency custody.

The parents have several domestic assault convictions, one back in 2015 when the mother stabbed the father twice in front of the kids. The girls were give to myself and my husband to foster until the Mother completed rehab and counseling. The parents are fighting again, and I need to get the... Read more »

D. Patrick McCullough
D. Patrick McCullough answered on Apr 3, 2018

I would suggest you hire a family law attorney to help you.

1 Answer | Asked in Child Custody, Child Support, Education Law and Family Law for Minnesota on
Q: Do I have the right to go see my child in school if i don't have custody of my child but I do pay child support?
D. Patrick McCullough
D. Patrick McCullough answered on Mar 26, 2018

There are two types of Custody-Legal and Physical and it depends upon what your Judgment and Decree says.

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: My ex-wife has enrolled our children in counseling. Can she do this without my legal consent?

We have joint legal and physical custody. I have asked her for the reason why she has them in counseling and she will not provide any information. My children are under my insurance and I have not consented to them being treated for this non emergency medical treatment. Can she legally continue... Read more »

D. Patrick McCullough
D. Patrick McCullough answered on Mar 19, 2018

You may not wish to cancel any appointments until you first consult with the counselor to see if your children need counseling; however, unless your Divorce Decree provides otherwise, if you have joint Physical and Legal custody, your X should not enroll your children in counseling without your... Read more »

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: I was not married to the kids dad, but he did sign the birth certificates. Who has legal custody of the kids?

We amicably separated, and successfully co parent, everything is split 50/50. We have never filed any paperwork with the court.

This pertains to Minnesota law

Lucas Wynne
Lucas Wynne answered on Mar 17, 2018

Until a proceeding occurs, there are no real rules established as to the custody arrangement.

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: In Minnesota, at what age can my children decide which parent they want to live with?

We are divorced, my kids dread going to stay with their dad and want to stay with me. They are ages 11 and 9.

Lisa Watson Cyr
Lisa Watson Cyr answered on Mar 12, 2018

There is no stated age upon which a child is able to decide who they want to live with; however, the reasonable preference of a child is one of the factors the Court will consider in determining what is in the child's best interest. As the child gets older and more mature, the child's preference... Read more »

1 Answer | Asked in Family Law and Child Support for Minnesota on
Q: A friend is going off to treatment, so clearly won't have income, is he still obligated to pay child support?
Lisa Watson Cyr
Lisa Watson Cyr answered on Mar 6, 2018

To seek relief from a child support obligation, your friend should bring a motion to modify or suspend the child support order during the period he will not be earning an income.

1 Answer | Asked in Family Law for Minnesota on
Q: Can my ex enroll daughter under his insurance without letting me know?

My ex recently enrolled my daughter under his new insurance through MNSure without letting me know or speaking to me about it. We have joint custody. I would have liked her to be under my insurance instead, if it’s more beneficial and a better rate. He does not provide me a copy and won’t add... Read more »

D. Patrick McCullough
D. Patrick McCullough answered on Mar 5, 2018

Re: health Ins for your daughter, it depends upon what your Judgment and Decree says re: that issue. If it is silent concerning the health ins(which I doubt)then you will need to either amend the JD to cover that issue re: an agreement with your X and absent an agreement, with a court hearing re:... Read more »

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: Applicable state domestic relations law citation in Minnesota

In the division of asset (401K) during a divorce in Minnesota what is the applicable state domestic relations law citations?

Lisa Watson Cyr
Lisa Watson Cyr answered on Mar 2, 2018

For division of property in a Minnesota divorce, the applicable statute is Minnesota Statute Section 518.58.

1 Answer | Asked in Family Law and Divorce for Minnesota on
Q: My spousal support ends when my ex turns 62 in April. Does he have to keep paying until I get my social security
D. Patrick McCullough
D. Patrick McCullough answered on Feb 23, 2018

That depends upon many factors, most important, in Minnesota if you do not bring a Motion to extend or at least reserve the issue of SM before the date for termination of SM in your JD, you may forever be barred from continuing the SM. You need to contact a family law atty ASAP

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.