Legal Question in Family Law in Minnesota

My brother and his exgirlfriend share a 4-year-old. They share physical and legal custody of the child. She lives in MN and he lives in IA. They only actually live 35 miles away from each other. Anyhow, my question revolves around mom. Recently she has decided to move in with her new boyfriend and his mother. They have only been dating 2-3 months. And, to top it off, her previous boyfriend (of only 5 months) just moved out of her apartment 2 weeks before she started dating this new guy. She has a history of letting boyfriends move in or she moves in with them. Within the last 3 years, she has had easily 6 boyfriends living with her. She has always denied them moving in with her, but she cannot deny her moving in with the new boyfriend because she has let her apartment go. My question is, can my brother file for sole custody of his child or do ANYTHING about the mother moving in with the boyfriend. During the summer, the child only spends 2 weekends a month and 2 nonconsecutive weeks with the mother, but she is there fulltime during the school days.


Asked on 5/31/11, 4:33 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Custody cannot be changed without a threshhold showing that the child is endangered physically, emotionally or developmentally in the current custodial setting. A court may also not make moral pronouncements regarding lifestyles that do not affect a child. As a result, without more, a change in custody seems unlikely.

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Answered on 5/31/11, 5:17 pm


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