Legal Question in Family Law in Minnesota

If my brother moves out, can she get him for abandonment?

My brother wants to move out, can she use that against him? He spends more time with their son, and still intends to. She has no one to take her in if she moves out, whereas he has our parents. They just can't live together anymore. He needs to know, because she is the type that will use is against him if she can.


Asked on 8/25/99, 11:06 am

1 Answer from Attorneys

Re: If my brother moves out, can she get him for abandonment?

It is not a matter of "getting him" for abandonment. If he moves out, it may,however, weaken any claim he may have to physical custody of the child(ren). The homestead would be considered the most stable environment for the child(ren). If he removes himself from that environment it is a benefit to the mother seeking custody.

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Answered on 8/26/99, 2:10 pm


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