Lawyers, Answer Questions  & Get Points Log In
Minnesota Family Law Questions & Answers
1 Answer | Asked in Family Law for Minnesota on
Q: Follow up Question my son shouldn't even know about court coming up or supervised visits she wants.

he tells me and asks me questions that no 9 yr old should know about or be told such as at his last appointment his therapist called him into room asking what we talk about on visits and phone calls so she knows what to say in court and his case manager talking to his mom in front of him saying... Read more »

Corwin Kruse
Corwin Kruse answered on Feb 19, 2020

You will likely want/need a transcript of the recording if it is to be presented to the court. For now, highlighting the conversation and noting that the entire conversation is available for the court may suffice. Note that court's generally dislike parents involving the children in disputes... Read more »

1 Answer | Asked in Family Law for Minnesota on
Q: I was served by my ex-wife on a motion to modify visitation and have court in Fillmore cty Mn on march 10th.

Im filling out my response in our divorce we have joint legal custody. her complaints are ludacris and she has put see attached but has nothing to support anything shes claiming the reasons why asking for a change cause nothing that shes claiming happened on visits ever has happened. His school... Read more »

Corwin Kruse
Corwin Kruse answered on Feb 17, 2020

Yes, you should have access to the records. If they won’t provide voluntarily, you can subpoena them.

1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Q: What to do if dad ends up having child more and still paying support to mom and she quits her job?

Hello, my bf is court ordered to have him on weekends and she has asked us to have him more. If we don’t have him his grandma does . Who doesn’t live with mom. We seem to be sharing custody with grandma not mom. Mom voluntarily quit job. And we’re still paying her $400 dollars a month. Is... Read more »

Corwin Kruse
Corwin Kruse answered on Feb 12, 2020

you cannot stop making payments unless the court modifies the child support order. You would need to go to court and ask first that parenting time be modified to reflect the actual situation, and then ask that support be modified per the new schedule. If mom voluntarily quit, income can be... Read more »

1 Answer | Asked in Family Law for Minnesota on
Q: Thank you for your answer Corwin.

He was never married to the mother. How would you find out if it has been adjudicated? The child in has lived under my wife and my roof, with the father (my step son) for 40-45 percent of the time, this has been on going for 4 years child spends the rest of the time with child's mother, under... Read more »

Corwin Kruse
Corwin Kruse answered on Feb 11, 2020

Normally, you can look up cases online, however, if this is a paternity case it would not show up. If it is a divorce, then it would. If your step son is seeking official parenting time, then yes, the living arrangement would help your case. That said, there are many variables involved.

1 Answer | Asked in Family Law for Minnesota on
Q: follow up question

father has been ordered to pay child support, does that take away the presumption of paternity?

Corwin Kruse
Corwin Kruse answered on Feb 11, 2020

If a father has been ordered to pay child support, that would indicate that he was either married to the mother or adjudicated the father. Presumption of paternity would no longer apply unless another man is challenging the paternity.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Question concerning. ROP.

If a ROP is signed by the farther at the time of birth, does that off set MN law that states, a unmarried mother mother has sole rights to the child

Thank you,

Fred Prescott

Corwin Kruse
Corwin Kruse answered on Feb 11, 2020

No. The ROP creates a presumption of paternity, but if the parties are unmarried, an adjudication of paternity is still required for paternal rights.

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: If my rights to my youngest child were involuntarily terminated, does that also terminate my rights to my previous two?

I have a son who's gonna be 15 in July, and a daughter who is 10, with one woman. After we separated, we managed to agree to visitation, and custody, without going to court. She has had physical custody of both of them for the last few years. During that time I had another daughter who just... Read more »

Corwin Kruse
Corwin Kruse answered on Jan 22, 2020

Termination of rights to one child does not terminate rights to other children.

You indicated that you and the mother have "separated" and agreed to custody and visitation. Were or are you married to one another? If not, you have no enforceable parental rights unless you go to...
Read more »

3 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Minnesota on
Q: How do you get a danco dropped or can you even? If you modify an ofp does that modify the danco as well?

By bf and I have an ofp and also a danco. I have court this wed to ask to modify the ofp as I'm pregnant and want phone calls and for him to attend my Dr appts. Hes in treatment. If they grant the ofp modification does that go for the danco as well or do I have to do something else for the... Read more »

William Bailey
William Bailey answered on Jan 13, 2020

If there are multiple orders prohibiting contact they would all need to be modified in order for contact to be allowed. If only one is modified, the other would remain in effect and contact would be a violation.

View More Answers

3 Answers | Asked in Criminal Law, Domestic Violence and Family Law for Minnesota on
Q: I don't want to testify against my bf will I be in trouble if I don't ? Its a domestic assault type case

My bf is being charged with 2nd deg assault w/dangerous weapon. I don't want to testify as I dont want him to go to jail. The issue was he was on drugs and now in a long term treatment program. I wanted him to get help for his issues. He is pleading not guilty and taking it to trial. If I get... Read more »

William Bailey
William Bailey answered on Jan 13, 2020

You could be held in contempt and the judge could also issue a warrant for your arrest.

View More Answers

1 Answer | Asked in Family Law for Minnesota on
Q: Can the court prevent you from being with someone and send them to jail for it?

My daughters father and I broke up due to emotional abuse and he has changed the behavior since then we both still want to be together and work stuff out but he told me the court said if he were to be together with me again he'd be sent to jail for it is that possible

Corwin Kruse
Corwin Kruse answered on Jan 12, 2020

Is there an Order For Protection in place? If so, violating it is a crime and can lead to jail time.

1 Answer | Asked in Family Law, Estate Planning and Child Support for Minnesota on
Q: Can my husband keep my children from me if there is no custody or visitation through the courts
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 18, 2019

Usually, until a court order is established either parent is entitled to possession of the child. Some states give the mother possession depending on the age of the child. Seek the advice of a family law attorney as soon as possible.

1 Answer | Asked in Family Law for Minnesota on
Q: On what grounds can a minor be emancipated under Minnesota law?
Adam Blahnik
Adam Blahnik answered on Nov 7, 2019

Minnesota law does not define emancipation or give a procedure to follow to be emancipated. So, the process and grounds for emancipation are not all that clear, and may be different from county to county. Much of it depends on child's parents. Thus, if your parents allow you to live on your... Read more »

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Minnesota on
Q: Can I do jail time in a chips case?

They want to terminate my parental rights because they say my home is unsafe for my children whom don’t live in the home only visits.

Rumors of domestic violence.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 23, 2019

No. A CHIPS case doesn’t carry potential jail time.

View More Answers

1 Answer | Asked in Family Law and Child Support for Minnesota on
Q: When my ex and I divorced in 2015, we each had a child that was living with us so child support was reserved for future.

Now, my son is at the age of majority and my daughter lives with me. My daughter does not want to live with her mother. I live in Minnesota, and my ex-wife lives in a different state and thinks that a child support calculation would be based off of the state statute of the state she lives in.... Read more »

Corwin Kruse
Corwin Kruse answered on Oct 22, 2019

If the decree was entered in MN and your daughter still lives here, the MN child support statute will apply. As for underemployment, this is a fact question and you would need to request her tax returns, pay stubs, and bank records in discovery. The statute allows for support to be based upon... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Q: Do I legally have to provide proof of my work schedule for scheduling a mediation

I'm representing myself. We were given dates to choose from, they picked next week because it fit around her work schedule, I declined due to my work schedule and her lawyer then emailed me requesting my work name address and phone number to prove my work schedule.

Corwin Kruse
Corwin Kruse answered on Oct 11, 2019

The lawyer can request, but you do not have to provide. That said, unless it would impact your work relationship or jeopardize your job, it may be simplest to give the information. At minimum, you should provide alternative times that WILL work for you for mediation.

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: My Child is 18, did not graduate. Is working full time. And won't be going back to school until the next semester.

18 yo is paying for rent and food to ex. Do I still have to pay child support at this point?

Corwin Kruse
Corwin Kruse answered on Oct 10, 2019

Per Minnesota law, a "child" for the purposes of child support is "an individual under 18 years of age, an individual under age 20 who is still attending secondary school." If the child is 18 or more and presently not in school, you have an argument that child support should... Read more »

1 Answer | Asked in Family Law, Admiralty / Maritime, Appeals / Appellate Law and Child Custody for Minnesota on
Q: How can I sue the court

I am being deprived my due process

Tim Akpinar
Tim Akpinar answered on Sep 22, 2019

Additional information is needed. Due process is a broad area and the manner in which your rights are being violated is not clear from the facts at hand.

Tim Akpinar

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Minnesota on
Q: My wife's narcissistic "Christian" mother and father have brainwashed her into getting HRO, Ex Parte Custody and Jail 4

I am a 31-year-old Christian, father, husband, and founder of Krew Cleaning services. I had17 "violations of harassment order" that coincidently got filed against the morning I was supposed to see my daughters the first time in 2 months (due to an ex parte custody that got approved based... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 13, 2019

You are entitled to a hearing on the HRO/OFP. There are instructions in the paperwork that you were served about how to request a hearing. It will be her burden at the hearing to establish that you have been harassing her or that an act of domestic abuse occurred. The violations are criminal... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Q: How to stop parent from fraudulently collecting support.

Paid support for 17 years. Child recently dropped out of highschool, and left mother's home to live in parts unknown in Minneapolis. (with boyfriend, assumably) How can we stop payments to the mother?

Corwin Kruse
Corwin Kruse answered on Sep 4, 2019

Minnesota law defines "child" for the purposes of support as "an individual under 18 years of age, an individual under age 20 who is still attending secondary school, or an individual who, by reason of physical or mental condition, is incapable of self-support."

You...
Read more »

1 Answer | Asked in Family Law for Minnesota on
Q: Can a predatory offender, that has to register for life, get unsupervised visits with their children?

I am going through a custody situation, after having child support raised. I was given sole legal and sole physical custody in 2011. I had child support raised in December 2018 and a month later I was served with custody papers. My daughter is 9 and her Biological dad is a registered predatory... Read more »

Lucas Wynne
Lucas Wynne answered on Aug 7, 2019

You should get an attorney who cares about your daughter's safety - and pronto.

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.