Legal Question in Family Law in Minnesota

custody

I am a single father and have been raising and supporting my daughter on my own for almost a year because the mother just left and got into drugs and became jobless for the entire time. She now wants to come and take my daughter even though she does not have a stable enviroment to raise her. Is it legal for her to come and take her after abandoning her for so long?


Asked on 11/04/07, 12:34 am

2 Answers from Attorneys
Michael Paul Cundy & Paul, L.L.C.

Re: custody

If you were never married to the mother and never been to court, legally you have not yet asserted your rights as a father. The best way to do that and to protect against her coming and taking your child is to start a Paternity/custody case of your own. We offer a free initial consultation. Please contact me if you are interested in meeting with me to discuss this matter in further detail.

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Answered on 11/04/07, 10:01 pm
J. Chris Carpenter Harvey and Carpenter

Re: custody

If you do not have custodial rights over your daughter, it is legal for her to do that. You will need to make a motion to modify custody, or if custody was simply granted to her because the two of you were never married, you may even need to file a paternity action. It is very unfortunate but nonetheless a reality. If you truly seek your daughter to be in the most stable, healthy, environment you need to file an action with the court to do so. You could have a very good case to argue integration. Please call my office and make an appointment for a free consultation on the matter. Thanks.

Jennifer S. Homer

Attorney at Law

507/625/3000

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Answered on 11/05/07, 1:54 pm


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