Get free answers to your Family Law legal questions from lawyers in your area.
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 
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... View More
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
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
I make $110,000. My spouse makes $80,000. We have 2 kids.
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
Can cps right a closer letter and not use everyone’s legal name in the state of Minnesota . So for instance . Human services have received a report stating that your child may have been sexually abuse by cookie. When cookies name is really Jain doe and they already know that because they have had... View More
answered on May 6, 2023
I believe "cps [can] right a closer letter and not use everyone’s legal name in the state of Minnesota." In some cases protecting someone's identity may be important.
I am sorry, but it's hard to determine what exactly occurred. Apparently, CPS closed a case involving... View More
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
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
I live in Texas, my father lived and died in Minneapolis MN. I want to know if I can use the affidavit for collection of Personal Property to access his bank account, vice filing applying for an informal appointment of a Personal representative?
answered on Feb 9, 2023
The short answer is Yes. The long answer is you must comply with Minnesota Statutes § 524.3-1201. It must be 30 days since your father passed away and there cannot be an open or pending probate case having been filed.
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.
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.
We have records showing they were paid by insurance co. As well as other extenuating issues. I think she should have someone helping her with this but she’s on a very limited income.
answered on Aug 7, 2022
A Minnesota attorney could advise best, but your question remains open for three weeks. One option here could be to look into whether pro bono or legal aid resources could assist here, due to your mother's financial hardship. You could also check with the Minnesota Bar Association. You could... View More
answered on Jul 23, 2022
If the issues is not addressed in the decree, IRS rules govern. The parent with the child the majority of the time gets to claim the child. If both parents have equal time, the parent with higher income claims.
A guardian, his mother does not work, and really does not provide for him.
answered on Jul 14, 2022
You could bring a motion for custody as a de facto custodian, if you’ve cared for the child at least six months in the last 24 (need not be consecutive), however the statute also requires that you be the “primary” caregiver. If the child is with you on weekends and with mom during the week,... View More
If my kid's mother withholds her is that considered contempt of court My daughter is 11 is she allowed to choose whether she comes to my house or not
answered on Jun 22, 2022
It isn’t generally handles as a contempt issue at this point. You would bring a motion to enforce the decree. If she still withholds her, you could then seek contempt.
You can also ask that she be ordered to pay your attorney fees.
answered on May 29, 2022
It depends upon the language of the Judgment and Decree. If it says nothing, you are generally free to take them. The Decree may still require you to notify the other person and provide contact information for everywhere you’re staying.
For example. Mother had protection order from the Father. In the divorce decree they agree to a mutual transfer of the children in a public place. Before the divorce decree was final the Father was facing charges of violation of the protection order and the Judge put a DANCO on him pending... View More
answered on May 20, 2022
Basically, yes. Typically the DANCO would be both more specific and more recent. If there is a conflict between a family court order and a DANCO, it would be a good idea to either follow the more restrictive of the two, presumably the DANCO; or and until bring a motion before the judge in the... View More
Mom changed her mind last minute and is bringing her to grandmas house. Is the dad able to legally have that custody time if the mother is out of state for that week. There is no court ordered custody agreement.
answered on May 7, 2022
If there is no court-ordered custody or parenting time, dad has no legal rights to time with the child.
I have legal and sole custody of my daughter
I was never married assign the recognition of parentage a s with his mother child support has been established but yet she's making me go to someplace safe and pay to see my son she's mentally emotionally abusive my son is petrified of her puts me in jail as she lies to law every
answered on Apr 22, 2022
I am assuming that child support was formally established via a paternity order. Did the order also grant parenting time? That will control what you can and cannot do as well as how much time you have with the child.
If there is no paternity order (and child support is thus informal), you... View More
Parents are considering divorce. Dad wants max parenting time. Child just turned 1. Would the courts allow the child to have overnights with dad at his new place while the child is still so young?
answered on Apr 15, 2022
There is no prohibition on such overnights, so they are allowed. The question is whether they are advisable.
My ex and I broke up after he assaulted me and broke the order after being released from jail. He claims I destroyed his things and moved in with ex and got an order for protection against me. Can I move states with my kids legally? He has domestic abuse charges and drug and alcohol problems. He... View More
answered on Apr 15, 2022
Your info says you are in Indiana, so Minnesota law isn’t applicable.
That said, in MN, if he has court-ordered parenting time, you cannot move out of state without his agreement or court order.
If my boyfriend signs my son's birth certificate and the recognition of parentage could the other possible father of my son (who is in prison mind you) make me get a court ordered paternity test taking my boyfriends rights to my son away if the other guys test comes back that he's his... View More
answered on Apr 11, 2022
Yes, the other possible father could bring a paternity action. Signing the ROP is not a legal adjudication of paternity.
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