Minnesota Child Custody Legal Questions

His rights under Minnesota law are limited to the right to go to court and ask for some rights.  Other than that, he has ZERO rights to parenting time, zero custody rights.  He does have an obligation to pay child support, but other than for that, he is barely recognized as having rights.  The Court would not grant him joint physical, and if you don't communicate well or if he has hit you, he would not probably even get joint physical.  He will probably get some parenting time, but limited to a few hours, and gradually a sleep over every two weeks, but that is only likely if he lives here in a stable and same environment.  If he takes you to court for custody, it is a good time to start collecting the child support.  He owes past child support.  That will be repaid by making him pay 120% of what he now has to pay, until that extra 20% brings him current.  Good luck.  If you need help, we are reasonable and do payment plans as do other lawyers.  ... Read More

You have many issues.  But it seems on the surface your wife has a compelling reason to move back to Michigan. On the other hand, being required to move back nearer the father where there is a 16 year old, is a lot different than staying near the father of an infant.  I should caution that you are not likely (statistically) to get full or shared physical custody of the infant,  We do not charge for the first hour or so of discussing what we see.  But you will need to take action to make sure you stay in the life of your baby.  ... Read More

What you seem to be concerned with is the child's well being during parenting time.  A court would restrict that based on the issues, The court could (and probably will) condition parenting time upon certain protections being in place (such as the assaulter not being there, etc.).  But You seem to be confusing full physical and legal custody with having here rights entirely, including parenting time, removed.  It seems to me that based on the assault or the drinking you are asking that her parental rights be stripped, and that goes beyond just giving you full legal and physical custody.  I don't think this one giant mistake with the assaulter or the drinking itself is enough to do anything other than require supervised parenting, or some other solution, but perhaps with more details I'd change my mind. ... Read More

On the facts you state, unless there is more, there is no way on God's green earth that a father is going to get 50/50 parenting time with an 11 year old that he left for two months.If he has a history of domestic abuse he is probably not going to get joint legal, much less joint physical.  Get a lawyer. I do not know your circumstances, but do not try to do this on your own.  If money is tight, I know we take small retainers and then monthly payment plans, and I know other lawyers do too.  Also, there may be free services available to you if you cannot afford that. But protect yourself.  You should not take this from him.  You have a child to think about.  ... Read More

Sadly, this is an example of why excruciatingly detailed parenting schedules are usually desirable and why relying on reasonableness works when there is a detailed parenting schedule, but not when there isn't.  A week seems like a long time based on what you quoted for the holidays.  It would seem the extended parenting time is intended for summer vacation or other long periods.  If you can't work it out with the mother, there is always mediation or parenting professionals.  Do you have clergy or neutral friends or relatives to assist?... Read More

The police gave you the right advice.  Go to court.  If you are not married, did you sign a recognition of parentage?  Have you been to court to obtain custody and parenting time rights?  To limit her leaving the state?  Is he behavior such that her parental rights should be terminated?  Do you have a possibility of obtaining custody?  Those ar e the things to consider.... Read More

Reestablishing rights to a child is possible, but will involve some degree of work and good facts.  You will need to have the court determine that it is in the child's best interest, the reason that your rights were terminated no longer exist, etc.  You can do it yourself, but if you are serious, you may want to hire an attorney to assess your case and represent you.... Read More

First, your son only has the right to parenting time if a) the mother agrees, or 2) the court orders it.  You would only obtain rights if a) your son is dead, b) the child has lived with you for 12 months, or 3) you are involved in the action to establish parental rights for your son. Merely being on the birth certificate or signing the Recognition of Parentage (ROP) is insufficient to establish right in your son (they just make him responsible for child support).... Read More

It is going to be very difficult to solve this problem by Monday through having you obtaining some rights and asserting them.  The first question is whether the father has any rights.  Is he on the birth certificate?  Did he sign a recognition of parentage?  Did he go to court to assert his rights?  If so, for which of the kids?.  How old are the kids?  If he did have some custody rights, is his parenting so bad as to have them extinguished?  The fact that he is the biological father gives him the right to pay child support and otherwise to go to court to establish additional rights.  You may be making assumptions as to his rights, that may or may not be accurate.  If you want, we don't charge for the initial meeting and my partner, Stacey, is especially good on these cases.  Plus, we don't charge anything for our initial meeting and advice.  Did I mention we validate for parking?... Read More

This is an odd question.  The couple was not married. Unless the court has been involved, the father has no rights other than to go to court and get some rights.  Yes, that is correct.  His right is to go to court.  That is all. You suggest there is a custody battle.  If that were the case, the court would have set down the guidelines for parenting time, including, either party leaving the state.  You say there is still a custody battle going on. Until the court rules, all of the father's rights are whatever permission the mother gives as far as parenting time (not custody), and any other rights are all potential rights, he may get in the future.  (Having fathered a child out of wedlock is quite different than if they were married, and the signing of the Recognition of Parentage - ROP, does not give the father custody rights, or even parenting time rights.  It means he owes child support and can go to court to get rights with the child . The rest of what you relate is very strange.  A notarized letter just means a letter where the authenticity of the signature is presumed correct.  So what? The custody is not 50/50. The mother has 100% legal and physical unless the court has said otherwise.  Kids are not like cars, with the title being assigned, from one person to another, even with a notarized signature.  Again, how did he get the right to take the kid out of the state?  If the court was not involved, the mother should not have allowed it.  If the court was involved, why on earth didn't the mother's lawyer limit where parenting was to occur?  This a a giant mess of a debacle.... Read More

It seems to me you have two distinct separate problems, a legal problem and a practical problem. Legally, you and the father have equal rights to the child, You can ask the Family Court for custody and the court will decide custody, visitation and child support based upon the best interests of the child and upon the income the non-custodiual party has. I understand that this is easy for me to say, and hard for you to do, which is why I say you have a practical problem. Practically, it appears that you are afraid to leave because of threats against you and fear of losing your child. If so, you may need to seek shelter for your self and the child from a Safe Haven type organization. You can also get an Order of Protection from the Family Court against the Father. You can ask for this information at the Family Court located at Pecos and Boannza; they have a Self Help Center there and they can give you the forms and tell you what you need to do.... Read More

To evaluate your situation it would be necessary to learn more facts.  Some of what I am going to ask will sound harsh, but there is no way to help unless these issues are examined.  How and why did the father get primary physical custody?  How serious is the medical neglect?  Do you share legal custody? How old are the girls? Are there issues with his girlfriend's parenting?  Are there questions about your parenting?  To what degree is child support a consideration in the percentage of parenting; to him, to you?  Is he out of town on business?  Is this a change from when the original allocation was made?  What would the father's take on all of this be?  Do you have the emotional strength to go through another custody battle?  Do the girls?  Why is it in the girls' best interests to be with you?  Can you afford to fight the dad?  Even a firm like ours, where we charge $150 and hour and have payment plans, can be expensive, and there are no guarantees.  We don't charge for the initial meeting.  I am sure that other firms would not charge you either.  It is going to take more than a few lines on an internet posting to be able to help you decide what you can and should do.  You should consider your answers to these questions and meet with someone to discuss your options.... Read More

The law is serious business.  Appeals are not like football games.  It is not proper to place odds on the outcome. As a lawyer, it would be inappropriate for me to make a guess on the outcome.  Having said that, if the facts are even close to what you stated, I am willing to make a very unlawyerly prediction that the odds are "off the board" on this one, as she doesn't have a prayer of a chance.  The appeals court will not second guess the findings of the trial court on her fitness as a mother.  Unless there was a giant error made by the trial court in this case, she has the same chance on appeal as the soon to be LA Vikings have of winning the Superbowl this year: None. Zero. Nada, Zilch.  ... Read More

It is not totaly clear to me what you are asking.  You could stipulate to a parenting time schedule as part of the child support, or separate from it.  But if you are talking about establishing legal or physical custody, that is a different matter, and it would probably take the divorce to accomplish that.  Many firms, like ours, have free initial consultations and can answer questions like that with no obligation to hire an attorney, much less proceed with a divorce.  You should see if you can get someone to help you with this.  There are many options that are available, if you decide to divorce, and it might be wise to invest some time to find out what would be involved if you don't reconcile.  ... Read More

Clearly he can request to be relieved of any further legal obligations. Whether a court will grant his request will depend on a number of factors, including the specific statutory provisions governing when a valid challenge will be accepted. You need to consult an attorney to determine what your options are and what the likely results of the court proceeding will be.... Read More