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My step dad goes into blind rages and verbally and emotionally abused me and kicks me and my siblings out of the house, when I leave the house because I don’t feel safe which is legal in Minnesota they threaten to take away everything like my phone and car to get me to come back to where I... View More
answered on Apr 30, 2020
First let me say how sorry I am for this difficult situation you are in, and you should seek assistance. As far as emancipation, Minnesota Statutes do not provide either the grounds or a procedure for emancipation. Minnesota case law has established that a minor can be emancipated by a legal... View More
I want to get emancipated because of failure to parent, can I get adopted by someone else, or is there a different process to that?
answered on Apr 30, 2020
Yes. You are legally considered to be an adult, however Minnesota law is clear:
259.241 ADULT ADOPTION.
(a) Any adult person may be adopted, regardless of the adult person's residence. A resident of Minnesota may petition the court of record having jurisdiction of adoption... View More
she 16 almost 17
answered on Apr 27, 2020
She can certainly petition the Court for emancipation. There is no real bright line test, but the Courts have a lot of discretion in declaring a minor emancipated. Some of the factors include the minor’s living situation, consent of the parents and the overall situation or actions created by the... View More
answered on Mar 26, 2020
I'm not 100% sure what you mean by "custodianship," but child support obligations end when the child has BOTH turned 18 and graduated. If still in secondary school, the obligation can continue until age 20.
She states to me weather she takes one or not or passes or not it dont matter cause I can't take them because I only have joint legal custody. What can I do? Parenting time is supposed to stop until a clean test is provided but law enforcement can't help they say because she is custodial
answered on Mar 23, 2020
Does the custody agreement include an order for parenting time? If not, what is the purpose of the drug-test provision? Does the agreement set forth penalties for failing to pass a test (in general, failure to take a test is treated the same as failing to pass)?
We are going to court for child support for them how to I go forth with genetic testing to see who their father is?
answered on Mar 23, 2020
Generally, you can ask the court to order testing for the person you believe to be the father and, if necessary, your ex.
answered on Mar 22, 2020
Unless something was inadvertently left off in uploading, there wasn't an admiralty/maritime element here. If there was a maritime element, you could repost and include it. Good luck
Tim Akpinar
She is refusing to give half, is she able to do that?
answered on Mar 4, 2020
By "separated," I assume you mean living apart, not legally separated. If you are married, you will both need to sign to transfer ownership of the house. You can refuse to sign unless you get a portion of the proceeds. I would contact the closing company and make them aware that you... View More
He took her when i was sick back in November for 2 weeks so i could get well and then he enrolled her into preschool behind my back . He would drop her off at first to spend a few days with me and turn around and come get her without contacting me first . Now he refuses to let me talk to her... View More
answered on Feb 28, 2020
It is difficult to say what you can do without knowing more. Were you married? If so, are you divorced? You say that you are "supposed to have" custody. Is there a divorce decree or other court order that sets forth the parenting time you each get? If so, you can go to court to... View More
Spoke to his dad telling the court hearing was yesterday at 130pm I was never served papers or anything about the court hearing
answered on Feb 25, 2020
I would contact the court clerk's office and take a look at what documents have been filed. See if there is an affidavit of service. If not, you can raise that to the court.
Are trying to give my boys right to their dad. Can I fight this at all?
answered on Feb 25, 2020
It sounds like a custody motion. You can certainly oppose that.
If you are sure that you have never been served, then the case is not properly before the court. If, however, you have been served, you will need to make an appearance or the court can rule against you by default. If you... View More
She doesn't have her children all the time. She lives with her grandparents who currently basically are raising but is in control of who can and cant see the babies.
answered on Feb 23, 2020
Has your son been adjudicated the father? Does he have court-ordered parenting time? If so, you could see the child during that time. If not, neither he nor you have any enforceable rights.
Now with having joint legal custody of 9 yr old son and his case manager and therapist never meeting me in person and solely going on the words of my angry ex-wife towards me and being very unprofessional and bias toward me. Do I have the right to take them both off my son's case? since I... View More
answered on Feb 20, 2020
If you have joint legal custody, you have equal say in determining medical/psychiatric treatment. You should have been consulted prior to starting therapy. You should raise to the court the fact that you weren’t and can then ask that they be removed for bias or other reasons.
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... View More
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... View More
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... View More
answered on Feb 17, 2020
Yes, you should have access to the records. If they won’t provide voluntarily, you can subpoena them.
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... View More
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... View More
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... View More
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.
father has been ordered to pay child support, does that take away the presumption of paternity?
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.
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
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.
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... View More
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... View More
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