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Minnesota Family Law Questions & Answers
2 Answers | Asked in Child Custody, Divorce and Family Law for Minnesota on
Q: Had court today 4 a motion 4 modification of an OFP. None of us were sworn in under oath. Was this a legal court case?
Robert Kane
Robert Kane
answered on Oct 1, 2024

If you were representing yourself, you don't get sworn as if you were as witness.

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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: I am not married to the mother of my 2 children in MN. What do I need to do to have my rights?

I am not on my older child's birth certificate, but I am on my youngest. She is threatening to leave the state.

Robert Kane
Robert Kane
answered on Sep 29, 2024

It seems you will need to establish paternity as to the oldest and get a custody order as to both. Take care. Rob Kane. Minnesota Family Law Attorney. You can get the help of a limited-scope lawyer, which means that the lawyer helps you as a coach or advisor, and you still represent yourself, or... View More

1 Answer | Asked in Immigration Law, Family Law, Personal Injury and Domestic Violence for Minnesota on
Q: Hello! I have a J2 visa - my husband kicked me out of the house.

Hello! I have a J2 visa - my husband kicked me out of the house. He is a narcissist, he was a psychological terror for almost 2 years, I am sure he cheated on me too. I work and I am fine. But I would like to know what I can do to stay here legally and disassociate myself from him.

James L. Arrasmith
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answered on Sep 18, 2024

I'm sorry to hear about your situation. If you're on a J2 visa, your legal status is tied to your husband's J1 visa. However, you may have options to remain in the U.S. independently. You could consider applying for a change of status, such as an adjustment to a work visa or student... View More

1 Answer | Asked in Family Law and Domestic Violence for Minnesota on
Q: My ex filled a hro on me and she won't leave me alone keeps texting and calling me to get me to tlk

Talk to her she lied to get the hro on me saying I followed her and her child .but she has not had her son for 5 years she took and sold every thing in my home and I don't know what to do

Robert Kane
Robert Kane
answered on Aug 21, 2024

Your ex what? Wife? Girlfriend? Why can't you just block her? How did she take and sell everything in your home? So many questions. An attorney may evaluate your situation if you are planning on hiring one.

1 Answer | Asked in Family Law for Minnesota on
Q: Can I be removed from a car loan as co owner

It is a vehicle that I co own with my ex husband who I do not talk to because he is abusive

Robert Kane
Robert Kane
answered on Aug 15, 2024

You can be removed from a car loan as co-owner. Most likely, the other owner will need to refinance the vehicle. The loan company is not going to allow you to walk away.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Minnesota on
Q: I'm just starting my divorce and moving to a new residence close to my current one.

Do I have to disclose my move to the judge and my soon to be ex before I'm moved into my new residence before the divorce is finalized?

Robert Kane
Robert Kane
answered on Aug 13, 2024

The court and other party need to be promptly informed of your change of address.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: I'm in a situation where im uncomfortable with my parents, is it legal to stay at another house for safety without per.?

I am safe but sometimes question that statement for my mental health and do feel uncomfortable around some of my parents. They have told me im fine and will not give permission for me to stay with someone. I feel like I need out of the house for a tinny bit for safety and to feel comfortable again.... View More

Robert Kane
Robert Kane
answered on Jul 18, 2024

If you are a minor, you parents are in control. If you are being abused reach out trusted authority figures.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Minnesota on
Q: What is the deadline to start and file an appeal in a custody case in Minnesota?

There is an order dated entered on March 21, 2024.

Robert Kane
Robert Kane
answered on Apr 24, 2024

In most cases, the deadline for filing is 60 days from the date of the final court order. Your case may differ depending on your specific case.

Rob Kane

Eagan Family Law Attorney Minnesota

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 Divorce, Banking and Family Law for Minnesota on
Q: my parents got divorced in 2006 when they signed the papers it stated that both of them will have a college fund set up

When i got accepted to college and i asked my dad for my college fund he told me no. What can i do? (The divorce papers have account numbers of the fund)

David H. Relkin
David H. Relkin
answered on Nov 2, 2023

He said "no" or he said he didn't set up the account? College funds are generally trust funds controlled by the Trustee who generally provides in the Trust fund document that he has discretion. That would prove a difficulty especially since you don't want to antagonize him.... View More

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 for Minnesota on
Q: how do i get something off my background?

2017 had a chips case but did everything i was suppose to kids came home but now its costinmg me jobs because it shows up on my background as maltreatment of a minor

T. Augustus Claus
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answered on Oct 24, 2023

To address a past incident affecting your job prospects due to a maltreatment of a minor charge from 2017, consider these steps:

Ensure compliance: Ensure you have met all court orders and probation requirements related to the case. This can bolster your case for expungement.

Verify...
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2 Answers | Asked in Family Law and Domestic Violence for Minnesota on
Q: Duo ofp

Abuser locked me out ruined my belongings and now he's serving me where is my rights as a victim

T. Augustus Claus
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answered on Oct 23, 2023

If you are a victim of domestic abuse or harassment in Minnesota, it's important to know your rights and the steps you can take to protect yourself. You can contact law enforcement to report the incident and document any damage or harm caused by the abuser. Seeking a restraining order, known... View More

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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 Family Law for Minnesota on
Q: I have a contempt of court hearing coming up and I’m wondering what to expect

I have text messages as evidence along with voice recordings. I was wondering if I need to send the messages in as exhibits online or if I can just bring them to court with me

T. Augustus Claus
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answered on Sep 29, 2023

Contempt hearings generally evaluate whether a party has failed to comply with a court order. As for your text messages and voice recordings, you should consult the court's local rules or ask the clerk whether they can be submitted online or if you need to bring them to court.

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