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Minnesota Family Law Questions & Answers
1 Answer | Asked in Child Support, Divorce and Family Law for Minnesota on
Q: I need to know, what my options are to start a divorce and what needs to be done. I have 5 children that live with me.

She left about 8 months ago, no contact with us for 6 to 7 months

Robert Kane
Robert Kane
answered on Jun 20, 2023

The Minnesota Judicial website is an excellent place to start. It seems you may have some matters to address that require a some help. An attorney would certainly benefit you and the children.

Limited-scope representation is when you and a lawyer agree that the lawyer will handle some...
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1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: I can't pay my legal fees so my current lawyer is dropping my case. My husband won't negotiate. What do I do?

My husband filed a divorce petition that I contested. During mediation he wouldn't negotiate at all so the case has gone to court. He changed the password on the bank accounts so I don't have access. He pays some bills and gives me $800 per month randomly. That's not even close to... View More

Robert Kane
Robert Kane
answered on Jun 17, 2023

It seems odd your attorney wouldn't address your short term need at the onset. You should be seeking temporary support and requesting he pay your attorney fees. The Minnesota Judicial Branch website Help Topics is an excellent resource. Some attorneys, like myself, will try hard to make legal... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Minnesota on
Q: after over 4 years of zero contact, can my child’s biological father demand that he sees her?

My daughter is almost 5.

Her father has not been involved besides about two weeks after child support was originally established. He spent a couple hours with her 3 times when she was 6 months old.

We had mediation at that time and we agreed to start out with a couple hours a few... View More

Robert Kane
Robert Kane
answered on Jun 9, 2023

Yes, the father can seek parenting time. If you are unable to come to an agreement or choose to dig your heels in a judge will ultimately make the decision. It very unlikely a judge will not grant some parenting time. The judge will weigh numerous factors to decide upon a plan. Reasonable... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Minnesota on
Q: In MN is it a violation of a OFP to have my wife served divorce papers?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 8, 2023

No, the legal process of serving your wife with divorce papers would not be a violation of an OFP. But you should have representation assisting you with this process. Having a "friend" serve her with divorce papers is far more likely to cause problems for you than if you have an... View More

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: When filing for parenting time, do I need to serve the other party before filing?
Robert Kane
Robert Kane
answered on Jun 3, 2023

Although additional facts may dictate exactly what you can do, you need to serve the other party.

In order to ensure the best possible schedule, you need to consult with an attorney, at least in a limited role. Far too often, an individual leaves court disappointed because they weren’t...
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2 Answers | Asked in Domestic Violence and Family Law for Minnesota on
Q: My ex-boyfriend got a domestic assault charge and i’m worried for my child, can i deny visitation?

the legal father of my daughter got a domestic assault charge for beating up his now ex-girlfriend in november, he made me believe she was lying but she recently showed me the evidence and i’m now concerned for my child’s safety as there was an incident where all of her teeth became intruded... View More

Robert Kane
Robert Kane
answered on Jun 3, 2023

For imminent help call here. Domestic Violence Crisis Line (866) 223-1111. Moving forward consider call one of us. Limited-scope representation is when you and a lawyer agree that the lawyer will handle some parts of your case and you will handle others. This is different from more traditional... View More

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Minnesota on
Q: We are planning on doing 50/50 custody. Will I have to pay child support since I make more then my spouse?

I make $110,000. My spouse makes $80,000. We have 2 kids.

Robert Kane
Robert Kane
answered on May 20, 2023

It's probable, that you will have to pay child support since you make more then the other parent. "The Minnesota Child Support Division bases the Child Support Guidelines Calculator on the Minnesota Child support guidelines statute." You should input your data to determine your... View More

1 Answer | Asked in Criminal Law, Family Law and Personal Injury for Minnesota on
Q: Where do parents go from here...I had a friendtalk to me Siblings. Do they report the incident posted below?

Male Siblings—ages 15 and 12. The older kid asked the younger kid to take off their own underwear/touch each other’s genitals. When the younger sons underwear were down, the older son rubbed his penis on the younger son. There was no Penetration. The younger kid was uncomfortable, said no, and... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 5, 2023

It's not a good idea to post details of a possible crime on a public website. But calling a lawyer with a telephone would be a better way to start. A Minnesota therapist will be a "mandated reporter" to police, of any child abuse disclosed to them. Therefore seeking help could lead... View More

2 Answers | Asked in Family Law and Immigration Law for Minnesota on
Q: Hi I am a Indian citizen Green card holder , so want to my daughter marriage on phone it’s acceptable & legal or else ?

If yes where which official authority conduct & what documents requirements for both parties.

If yes how to apply for my daughter spouse visa ?

James L. Arrasmith
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answered on Mar 7, 2023

It is not possible to have a legally binding marriage ceremony over the phone in California or under U.S. federal law. In order for a marriage to be legally recognized, the couple must have a physical ceremony in the presence of an authorized officiant, such as a judge, religious leader, or... View More

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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Are mom's automatically awarded sole physical and legal custody if the parents were never married in Minnesota.

The dad is on the birth certificate but there's never been anything that's gone to court and there is no arrangement. He also signed a piece of paper giving me more custody when I had to get medical assistance. My son is 10 now.

Corwin Kruse
Corwin Kruse
answered on Nov 1, 2022

If never married, and there is no adjudication of paternity, the mother has sole physical and legal custody. The father has no child support obligation and no right to parenting time, unless and until a court orders it.

1 Answer | Asked in Adoption and Family Law for Minnesota on
Q: What are my leagle rights if I was told I mite be the father of a 1 year old boy that had been in children services
Robert Kane
Robert Kane
answered on Mar 28, 2024

The fact you were "told [you] mite be the father of a 1 year old boy that had been in children services" doesn't give you any rights. You need to determine how you want to proceed.

2 Answers | Asked in Family Law for Minnesota on
Q: Can I create a document sign it with a notary. Is it a legal doc then
Robert Kane
Robert Kane
answered on Feb 3, 2024

What do you mean by "legal document?" A notarized document is just that, a " notarized document." I can sign my grocery list and have it notarized. That proves I signed my grocery list, nothing more.

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1 Answer | Asked in Family Law, Adoption and Child Custody for Minnesota on
Q: How can my new husband adopt my daughter who’s been fatherless for 3 years he don’t reach out to her in 3 years ?

He don’t support her in any way he don’t call to talk he don’t reach out to me period my new husband has been there for her how can I get my new husband to adopt her legally

Robert Kane
Robert Kane
answered on Jan 6, 2024

The father will need to consent to the step-parent adoption or you will need to convince the judge to proceed without it. The judge will need more information than just your statement.

1 Answer | Asked in Child Support and Family Law for Minnesota on
Q: My ex has my daughter, she filed child support on me then moved out of state.

County case worker will not hear me out on this fact. How do i go about reporting this fact to the county?

Robert Kane
Robert Kane
answered on Jan 3, 2024

Child support and child custody are related, but separate matters. Relocation is primarily a custody matter.

1 Answer | Asked in Family Law and Civil Litigation for Minnesota on
Q: Contested hro in Minnesota hearing is in 3 weeks I have a question about my belongings that are in the apartment

I know that he got rid of all of my belongings everything in that apartment was mine do I ask the judge at the contested hearing about the the money that I have lost or is that a completely different case and how about the money that I lost as far as not being in my own home cuz he was lying this... View More

Robert Kane
Robert Kane
answered on Nov 19, 2023

The judge may allow you to retrieve your possessions. The will not award you money. You don't, however, have much to lose by bringing the subject up. Who is the petitioner? I am guessing, you.

1 Answer | Asked in Estate Planning and Family Law for Minnesota on
Q: Family cabin. Parents passed. Deed transferred to three siblings, 25%, 25% and 50%.

50% sibling died. Cabin was obtained pre-marital. Does widow get 50% or does it fall back on the deed owners.

Anthony M. Avery
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answered on Oct 27, 2023

Hire a MN attorney to search the title and determine ownership. You have not stated the necessary facts.

1 Answer | Asked in Family Law and Adoption for Minnesota on
Q: My ex wife and her new husband Adopt my daughter I did Not Give up my parental rights I never received nothing in court

I know that I wouldn’t brelinquish my parental rights For nothing in the world so for this to happen is pretty devastating But more so it’s not right for someone to literally take someone’s child

Robert Kane
Robert Kane
answered on Oct 23, 2023

In most situations, you would have been notified. You can likely contest the adoption.

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: Can I ask that she take a lie detector test? Or anything . She uses this for leverage

If I'm being held in contempt for not providing all the ATM withdrawal dispositions. Why can't I ask the same?

Robert Kane
Robert Kane
answered on Oct 4, 2023

A lie detector test isn't worth a thing. You can request information as well. I am sorry, but it doesn't seem you have a good grasp of what is happening. The court has information on its website and the law library is a great resource. Obviously, an attorney would be advantageous.

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: My spouse is trying to get a protection order on me,went to court I requested a lawyer on my behalf and they denied me.

My wife was present and her lawyer and I was in jail for threatening her and next morning I was in court they got granted the order but I feel I was denied my rights and nobody cares.

Robert Kane
Robert Kane
answered on Sep 26, 2023

The United States and Minnesota Constitutions both establish the right to an attorney for anyone facing a charge punishable by “loss of liberty.” This would not apply to protective orders.

1 Answer | Asked in Family Law for Minnesota on
Q: How do I request a debt compromise agreement for child support arrears in south dakota? Is a judgement needed?

I'm the the custodial parent living in minnesota. The case is based in south dakota. The child will turn 18 in 11 months and the arrears owed is almost $25,000.

Robert Kane
Robert Kane
answered on Sep 13, 2023

It seems South Dakota has jurisdiction.

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