Minnesota Family Legal Questions

Yes, you can travel based on the information and believes that you have provided. Getting something from him in writing would be favorable for future proceedings. If you think he will be a complete jerk about it and file for contempt of court or etc then you should discuss your options with an attorney. An attorney would require the custody agreement to review what you can and can not do. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 for Case Manager.... Read More

yes, a lawyer should copy you with everything. If he is not, perhaps there is a fee dispute going on? Try to be nice at least at first as lawyers get so busy, we get overwhelmed. is the docket on a county website that you can check like here in Pittsburgh? you could call the family division docket clerk and ask how to get copies.... Read More

As I responded to your other email message, you want to make your record.  The judge can only rule based on the record.  If there is nothing in the record, the judge can't rule in your favor, unless the evidence on the other side is so deficient the court could not rule in their favor.  That being said, the judge is likely to follow the GAL's recommendation, provided the facts are all as you state them.... Read More

You have the right to cross anyone she calls.  If you want to call them, I would list them and subpoena them.  I would want to make sure the past court docs, etc., that I was relying on be put into the record.  Otherwise, how do you expect to appeal, much less win this motion?  Consider carefully each fact you need to prove.  Anticipate the evidence in opposition.Then make a list of what you will be introducing to achieve those goals.  Then make sure all of that evidence gets put into the record.  ... Read More

You do not have any greater right than the other parent, so the change is not yours to unilaterally make.  Do you also have 50/50 physical?  going to a doctor is a physical custody issue.  A course of treatment would seem to be a legal custody issue.  You need to work this out with the other parent.... Read More

For there to be a mistrial, some improper matter must have been brought before the trier of fact that was too serious for the trier of fact to dislodge from their mind.  In family law, the judge is the trier of fact so I can't see how that could happen. Were you thinking of something different?... Read More

The boyfriend is not guilty of a sex crime unless he held a position of authority, such as being her teacher.  The child will be a citizen of the United States.  The father of her child will have an obligation to pay child support and possibly the medical cost of the birth of the child. The father's rights will be determined in part if there is a recognition of parentage, but he will not have an right to parenting time, much less custody, unless he goes to court and establishes it. ... Read More

You have a narrow path to follow as you cannot deny him his parenting time rights, but if there is evidence he intends to deprive you of the children, you may want to go to court to change the parenting time to supervised or possibly get the court to otherwise limit him from doing that.  You should see a lawyer.  We don't charge for the first meeting, and there is no obligation to hire us after that meeting, so that might be a thought.... Read More

I take it there is no step-parent adoption or other legal rights having been granted and your husband is not the Dad.  He will need to acquire rights based on their having lived with him, etc., before your death (assuming that is the case).  He should see a lawyer if he wants to get that in line before you die. ... Read More

You  can legally change your name back to your family name, or any other name, for that matter, as long as it is not for an improper purpose.  The Court filing fee is $322.  The process is pretty simple, but not instantaneous.  You are duplicating the filing fee if you decide to get a divorce, as the name change is included as an option with the divorce.  If he is shady, you may want to file as "married, filing separately," when you do your taxes.  If he is taking money from a piggy bank, that is more than just a problem with a relationship that counseling can help. What a disappointment it must be to have him act poorly.  But, lots os women don't rush into getting all of their IDs changed right away, so maybe you could try counseling and hold off switching to using "his" name until you decide if this is a marriage to save.  If you want to talk to family lawyers in a no cost meeting, I know we would be happy to meet with you and at least help you know your options, and I am sure other family law lawyers would as well.  Good luck.... Read More

Your marriage is not by itself a change of circumstance warranting an increase in child support.  There are several tax and bank issues, depending upon your circumstances.  Your concern over who gets what would be best addressed in wills.  Have you thought about a antenuptial agreement?  At least addressing the issues that would be covered in one may be of assistance to you, even if you don't sign one.... Read More

If he is in school, he isn't "finishing his GED," he is getting a high school degree.  Deciding you don't like your parent when your 17 is pretty much a right of passage.  Leaving school early is his option, however. Minnesota Statutes 120A.22, Subd. 8, provides as follows:Withdrawal from school.Any student between 16 and 18 years old who seeks to withdraw from school, and the student's parent or guardian must:(1) attend a meeting with school personnel to discuss the educational opportunities available to the student, including alternative educational opportunities; and(2) sign a written election to withdraw from school. In Minnesota, once the student is 18, the state has no obligation to provide a school (unless there is a special needs student) and the student is not required to continue in school.... Read More

There is no set age, but perhaps as young as 12 the child's input may be listened to.  At any age,the child's needs will be considered.  If only one parent wants legal custody, it doesn't sound like much of a contest.  If they are not both seeking physical custody, there isn't much to talk about. ... Read More

A father has the right to seek to obtain custody or parenting rights, but by virtue of simply being the father, that is where his rights end.  Until he obtains those right from the court, he has no legal rights with respect to his children.  Other than having a right to go to court, he has nothing.  And this jerk will never obtain those rights Don't give him one minute he is not legally entitled to receive.  Consider getting a restraining order.  Perhaps you can find a law firm like ours that doesn't charge an arm and leg and can set you up on a payment plan.  Or you may qualify for help from Volunteer Lawyers Network, or a similar organization.... Read More

Of course an ex-spouse can threaten court action to increase the amount they receive. People threaten each other every day to get something. Whether your ex-spouse is going to be successful in that action is a different matter.  If there is no basis for the action, they may be required to pay your attorney's fees.  If there is a basis, now may be the time to negotiate.  People are sometime reluctant to pay us $150 an hour to negotiate for them or to go to court, but over time, the cost may be a lot cheaper than the real cost if they try to do it on their own.... Read More

The issue I would want to look at is how your parents came to have custody of your son in the first place and why you lost it.  It is quite possible that your son can live with you without breaking the law, but there are not enough facts.  You will probably need a lawyer to help.  Perhaps you can find a firm like ours that will give you a free initial meeting to look at such an issue and guide you.  ... Read More

In most cases, there is not much one party to a divorce can do before the conclusion of the divorce to have the other party leave the marital home, unless one of the parties is threatening or violent.  This is not an uncommon situation. Negotiation of other issues can resolve it sometimes, but not always. While there is not much that can be done in most case, under these unusual facts, the mother who owns the hoise could possibly evict the reluctant husband.... Read More