Legal Question in Family Law in Minnesota

my mother in law has my children without my permission how do I get them from her. My husband and I separated and he took the kids to her after giving her power of attorney without my permission. What do I do to get my kids?

I would love to pay for the fee unfortunately I had to move again because of him and just found another job and haven't got a paycheck yet so funds go towards providing for my kids. I would ask my mom for the money but I can't she's disabled.


Asked on 9/10/09, 12:56 am

1 Answer from Attorneys

John Jesperson Minnesota Lawyers - Jesperson Law Offices

Thank you for your question. Without more detailed information I can only provide a very brief response. If you have not already done so, you will need to commence a divorce proceeding to obtain a custody and parenting time order. Whether or not it is reasonable for your mother in law to care for the children could be a complicated and difficult question to answer, and is the sort of problem that could occupy an enormous amount of energy for a few lawyers, depending on the facts. In the meantime, there is nothing in the law that prevents your husband from having his mother care for your children, or for that matter, nothing that prevents you from placing them elsewhere. The fact that he has given his mother a power of attorney has nothing to do with this, and certainly has nothing to do with your right to commence a divorce proceeding in which custody would likely be contested.

I realize this may not provide you with any real answers, but the facts you allude to are simply too complex to address in this forum. You need to find a way to hire an attorney.

I sincerely hope your circumstances improve in the near future. These are very difficult and trying times. Good luck.

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Answered on 9/24/09, 12:45 am


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