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Minnesota Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Other parent always late, is it ok when I do this?...

I have a question regarding a custody agreement. It's joint physical joint legal. Custody order exchange on Sundays at 11:00 a.m. however the mother is habitually late all the time and has recently even missed her scheduled Holidays. Makeup days as written in custody order must be mutually... View More

William Bailey
William Bailey
answered on Jan 4, 2021

You should review your custody agreement with an attorney. They will be able to accurately advise you.

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: Hello, My wife served me the divorce paper couple of days ago.

She wants me to pay for the remaining of her car notes $5000 and her attorney fees. married in 2015 and she never lived with me, she always at her parents's house and maybe slept over a couple of days. She never paid any bills in the house as i took care of everything. She leased the Car... View More

William Bailey
William Bailey
answered on Nov 25, 2020

You should retain an experienced family law attorney to help you navigate these issues.

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: Is judge allow to deny proof of evidence of supporting arguments ?

My fiancé is having problems with the mother of his child with custody she hasn’t follow any court orders and refusing to give him his parenting time but he has proof of it judge doesn’t allow him to present it in court .

William Bailey
William Bailey
answered on Nov 25, 2020

There could be an issue with the way he is attempting to present the evidence. Courts have specific rules about how evidence can be entered into the record. He should hire an attorney to assist because attorneys know those rules.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: After how long if a china case is closed can you still persue a lawsuit
William Bailey
William Bailey
answered on Nov 24, 2020

I think your post has at least one typo in it which makes it difficult to understand and impossible to answer. Try posting again.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Can I use video/audio that my step son recorded of his mother and her boyfriend fighting as evidence in court?

My 11 year old step son has sent his dad and I an audio recording of his mom and her boyfriend fighting (video really but it is in his pocket so only audio is usable). They break several court orders from past custody disputes. When we asked him why he recorded this he said he wanted to make sure... View More

Lucas Wynne
Lucas Wynne
answered on Oct 14, 2020

This question is very hypothetical. You can use any evidence in court that you can get in over objections.

1 Answer | Asked in Child Support and Family Law for Minnesota on
Q: Who should I talk to in order to acquire a stimulus check despite being in arrears to child support? ...Read on.

My son is 23 years old, works as a delivery driver and pays no rent to his mother. His tax return was ...significant. However, I was laid off in March due to the pandemic lock-downs, and my job officially ended as the June riots destroyed my place of work. Needless to say how hard it was to see... View More

Lucas Wynne
Lucas Wynne
answered on Oct 14, 2020

The payout is going to be redirected because you have the back payments owing. Unfortunately, the state will not care much that you lost your job.

2 Answers | Asked in Criminal Law, Family Law and Child Custody for Minnesota on
Q: If someone places an Ofp on you, are they allowed to stop by your place of residents?

And have their boyfriend come to the door To drop off a gift? Also are they allowed to try to contact you via 3rd party considering they are the ones who placed the order of protection on you?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 22, 2020

An OFP is a one way street. The protected party is not prohibited from doing anything. They can call, text, send gifts, visit etc. None of that is a violation of the OFP. However, if the other party responds to contact initiated by the protected party, it is a crime. A first violation in 10... View More

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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: My ex has not allowed me to see my kids during the stay at home order in MN

Now she says I can only see them Outdoors and 6' away. I have a court order granting me visitation without stipulation other than date/time arrangement. I work from home and have not ventured out during this time. I think I should be allowed to have my kids in my home. Can she mandate this?

Sonja M. Nyberg
Sonja M. Nyberg
answered on Jun 1, 2020

No she cannot and by doing so she is in violation of the court order as it applies to your parenting time. I currently know of no judicial officers who are suspending a parent's time with the children, or putting such drastic restrictions upon how and where it occurs, because of the pandemic.... View More

1 Answer | Asked in Family Law and Appeals / Appellate Law for Minnesota on
Q: How can a Judge decide a biological parent was a 'de facto custodian'?

Is there any way to appeal or overturn the original court order from 2017?

Charles William Michaels
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Charles William Michaels
answered on May 8, 2020

I do not have the information about the case to give a definitive answer. However, a judge can after a review of all the evidence and testimony decide that parent (biological or not) is the de facto custodian of a child. Since the court order was in 2017, the appeal period has passed, although an... View More

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: I’m trying to get custody of my brother once I turn 18 because my mother is very unstable. I need to know the steps.

She was just in jail for Meth, Running from law, Hiding a fugitive and driving when she doesn’t have a license. We live in MN. Her probation officer said that it was best for her to come out but everyone else I talk to disagrees. If we talk more I can give more details but I need to know how to... View More

Roger Adams
Roger Adams
answered on May 2, 2020

I would be more than happy to speak with you, as would many of the attorneys on this site. You need some help to get this done. This is difficult situation. When do you turn 18? Are you currently emancipated? Those would be good first steps. Do you think your mother would agree to you... View More

1 Answer | Asked in Family Law for Minnesota on
Q: Do I have a legal right to see my niece? Is there a way to get some sort of court order protecting my right

I have a younger "brother". He is my cousin but was legally adopted my parents when he was 16 years old. He has a child with a woman, who he is not/ was never married to. He may be seeking his visitation, I do not know what he is doing.

As the legal "aunt" is there a... View More

Roger Adams
Roger Adams
answered on May 2, 2020

As the Aunt it would be very difficult to get visitation awarded. The court takes into consideration certain family relationships where the child has more of a parental relationship with say an aunt or a grandparent, but even then it is usually denied by the court. The best option is to try and... View More

2 Answers | Asked in Family Law for Minnesota on
Q: Can I temporarily suspend visits without getting an emergency order during corona virus?

Child has respiratory issues. Other parent and I made agreement at both households only people who live there would be around our children during social distancing and stay at home order due to corona virus. Other parent has broken our text agreement twice now and one time even had a party with... View More

Roger Adams
Roger Adams
answered on Apr 30, 2020

This is a difficult situation. I attended a seminar with Civil judges and they stated how backed up the court is in regards to family law related issues. Judges are putting criminal cases at the top of the calendar. They are beginning to open the court virtual hearings but getting an emergency... View More

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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Mom has harrassment order on me but not reliefed to my son.she is using it as a tool.. I have joint legal and physical.

I am pretty sure he is at her parents right now.. so can I go there with current custody order I'll have sherriff meet me there to assist.. and take him for a day or 2 as long as she is not there.

She out this harrassment protection order on me to keep me from seeing him and then filed... View More

Roger Adams
Roger Adams
answered on Apr 30, 2020

Child custody can be very difficult deal with. The most important thing you could do is seek an family law attorney. An attorney can petition the court in regards to your protective order. If you are unrepresented, the first step is to find a lawyer to help.

1 Answer | Asked in Adoption, Domestic Violence and Family Law for Minnesota on
Q: Can I get emancipated at 16 if I’m emotionally and verbally abused by both sides of parents?

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

Roger Adams
Roger Adams
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

1 Answer | Asked in Adoption and Family Law for Minnesota on
Q: Can I get adopted after being emancipated?

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?

Roger Adams
Roger Adams
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...
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1 Answer | Asked in Family Law for Minnesota on
Q: My gf parents are really strict to her and it’s ruining her mental health what can she do she wants to leave

she 16 almost 17

Mark William Perron
Mark William Perron
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

1 Answer | Asked in Family Law for Minnesota on
Q: Does custodianship end at age 18 or at graduation date?
Corwin Kruse
Corwin Kruse
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.

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: My custody agreement states I can request a drug test and I have requested 2 in the last few months and the mother wont

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

Corwin Kruse
Corwin Kruse
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)?

1 Answer | Asked in Family Law for Minnesota on
Q: My ex signed a recognition of parentage for my twins and I believe he is not the father how can I get genetic testing

We are going to court for child support for them how to I go forth with genetic testing to see who their father is?

Corwin Kruse
Corwin Kruse
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.

2 Answers | Asked in Family Law and Admiralty / Maritime for Minnesota on
Q: can i get married at 18 outside of minesota if i live in minnesota ??
Tim Akpinar
Tim Akpinar
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

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