Minnesota Child Custody Legal Questions

Although I'm a Maryland child custody attorney, I can say that generally, communication requirements between co-parents are not enforceable unless they are specifically outlined in a court-ordered custody or parenting agreement. If there is no legal document restricting how you communicate, you are not obligated to adhere to these limitations. However, maintaining respectful and effective communication is often encouraged to ensure the best interests of your daughter. If you feel these imposed methods are unreasonable or detrimental to co-parenting, you may want to consult an attorney in Minnesota to review your custody agreement and provide guidance on your legal options. Open communication tailored to your family’s needs is always preferable.... Read More

Hello and thank you for asking. You have done a great job in documenting all the incidents as they can come in handy in the case for your son. So this girl he is/was with has a child with your son, for which he pays child support and also help raise her other children. The girl desires to leave your son and move out of the house. You can certainly contest the move for your grandson and he can do the same as his father. However, you will need to prove to the court why he or you should get the custody of the child where she elects to take her kids to a proven narcissists house. If you think she will contest your son having primary custody than you should consider working with a competent and aggressive lawyer to get what you want to be done. I hope everything works out for you guys. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. Child Custody cases are not cheap and with our knowledge, skills, competency and aggressive nature for fighting tooth and nail for our clients and their families, we normally charge $3,500 for such cases. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options.  Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in MN.... Read More

If the child lived in Minnesota for the last two years and that's where your son lives, he can serve her with Minnesota pleadings and have our courts ensure his rights from his home state. In the course of addressing the matters of legal custody, physical custody, and parenting time the question of financial child support will also be addressed. You are correct that it is not fair that he has had to bear such a burden to continue his active fatherhood; I just had a case that resulted in my Michigan-resident client and the Minnesota-resident mother having to share transportation expenses/drives to facilitate parenting time. That was a case where she firmly had the grounds for physical custody in your son's case, the fact may bear out that your granddaughter should be in his custody.... Read More

Unfortunately, the Court has the final say.  We have had several of these enrollment cases this year.  The court is most likely to rule in your favor, unless the old School District is a lot better than the new one.  In a case like this either District  is appropriate as far as the Districts are concerned.... Read More

The lawyer seems to simply being truthful.  The problems your friend is experiencing are a result of his own inexcusable behavior and that of the mother as well.  You ask how a child can be left with a family without your friend's permission?  He abandoned the child and mother.  Someone stepped up and took care of a kid that was treated like leftovers or unwanted garbage.  What was the doing for the past three years that gives him the right to feel like a victim?  Wow, he never "denied" paternity!  That is like saying he doesn't deny giving an STD to his girlfriend.  Did he go into court and have his custody rights established?  Or to obtain parenting time?  Obviously not.  Even though he has not established anything but the barest rights with respect to the child, he is still a parent, and that cannot be taken away without his consent of court order.  A parent does need to consent  to either the adoption of the poor child or for the people who are taking care of the child to be granted defacto guardianship status.  But there is no allegation other than that both parents have acted reprehensibly.  I pity the child.  The sad thing is that this kind of horrible behavior occurs all of the time.  The courts are clogged with cases involving irresponsible parent who should never have children, but spawn them only to walk away.  Two years seems like a ling time, but certainly I would say this kind of case is rarely resolved in less than one year.  Fees have drained the Dad only because of what he has done.  Father is sober for a year!  Child was abandoned right after birth.  If I were representing the people with whom the three year old was living, I'd seek to have the parental rights of both parents terminated.  But only after they both paid child support.... Read More

Since she will owe child support, that is one source of income.  Some firms, such as ours, will represent a party in a child custody case, at a reduced rate (our reduced rate is $175/HR), with some terms, such as $500 down, and then $350/ month, preferably in credit or debit card payments.... Read More

This is going to be a very broad brush answer.  As far as custody goes, legal custody is usually shared. Physical custody can be shared or solely in one parent.  If the parents don't get along and can't communicate well, it is difficult to have shared physical custody.  If there is a history of physical abuse things get really complicated.  More important than custody, is the amount of parenting time.The best interest of the child determines the parenting time.  The age of the child often comes into play.  Younger children (under 3) are generally left with the mother.  If there is an attempt by one parent to alienate the child against the other, the court will want to increase the time with the parent that the child is being turned against.  If the child has not spent much time with one parent, that parent is usually gradually reintroduced by progressive increases in parenting time.  ... Read More

You need to have a lawyer review the papers, etc.  It seems you may not fully understand the situation from a legal point. Some of the things you mention don;t fully fit.  This is understandable.  This can be a confusing area, even for lawyers who don't practice in this area.  We meet with people without obligation to help them understand their rights in this area.  In any event, congratulations on improving your life.  ... Read More

In Minnesota we use different terms than "primary" custody.  While we have the terms sole and joint "physical" custody, what is really significant is the amount of parenting time.  That is not related to whether the noncustodial parent has sole or joint physical custody.  If you are not satisfied with the amount of your parenting time, and if the child or mother is living in Minnesota, you should get counsel to petition the court to obtain an order defining your parenting time.  Our firm represents people in these types of cases on a sliding fee basis, and we have payment plans.  Other firms do so as well.  You should contact a firm, such as ours, that will give you a free, no commitment, consultation.... Read More

It is impossible for a lawyer to advise you without reviewing all of the documents involved.  Based on your note, it would appear that you would like to move out of your mother's home, but it is not clear if you intend to continue in high school until graduation.  If you don't graduate from high school, you will have a harder time of making a decent life for yourself than if you stay i school.  But once you move out, how will you support yourself.  Perhaps you should talk to your father and mother about your concerns.  In any event, there are not that many months left in this school year.  (It may seem a long way off, but it isn't.)  ... Read More