Legal Question in Family Law in Minnesota
I have a 5 year old daughter. Her father and I never went to court to determine custody. About 2 and a half years ago my mother offered to take her for me for a few months so I could get back on my feet. During that time she allowed her father to come pick her up and bring her to Georgia. My mother now has her back. I want to know what I have to do to bring my daughter home. I live in Minnesota and my mother lives in Michigan
1 Answer from Attorneys
This could be a complicated problem, and the solution may depend, in part, on how long your daughter has lived in Michigan and Georgia. Strictly speaking, if the father's paternity was never determined, whether by a recognition of parentage or by court order, he does not have any immediate right to custody. Instead, you would be the sole, legal custodian. Despite this, you will likely find that, in the event of a dispute with your mother, Michigan will exercise jurisdiction over custody, if the children have lived there longer than six months. Many, many more facts need to be evaluated to make sense of this situation, and it is likely that rushing to court may not be the best thing to do now. If your mother is cooperative, you may consider moving your daughter back to Minnesota, and if that can be accomplished without a great deal of trauma, you can begin to restore your relationship with your daughter, and then commence a proceeding in Minnesota for custody or paternity, as the circumstances require. I would caution you, however, to avoid making hasty decisions about your daughter's residence. Summarily moving your daughter to Minnesota, if she or you are not equipped and prepared for the move, could pose problems of its own. To put it simply, you will need to to discuss these complicated facts in much more detail with a lawyer. You may contact my office if you have questions. In the meantime, good luck.