Legal Question in Family Law in Minnesota

Child Custody

I have a friend who was in the process of divorce and his ex canceled the dissoultion of marriage. They had gone through mediation and agreed on joint legal and physical custody. Because he has been the sole provider for the six year old and the child lives with him. The nine year old lived with her dad for the 1st year (they have been seperted 5 years) and her mother the past 4 years. The ex told him last week she will give him a divorce and take the six year old and use his record against him. 15 years ago, he was charged as a sexual offender (#2)and served time. He is afraid to go to court, because he thinks he will lose the six year old. He has been very upset about the whole thing, basically anything he does pisses her off she will go through with it. He is not allowed to date or say anything to anyone. He has the six year old all the time and the nine year old is over there every weekend and all summer long. What are his chances of winning? Should he fight it? I think he should, but he thinks he will lose.

Please help!


Asked on 10/14/03, 10:43 am

1 Answer from Attorneys
J. Chris Carpenter Harvey and Carpenter

Re: Child Custody

THis is my suggestion

It is hard for me to predict the outcome of a case. However, the fact

that he has access to the child in question as much as he does seems

to suggest that the mother isn't serious that he poses a threat. Your

email states that she 'cancelled' the divorce. I don't know waht that

means. DOes your boyfriend have a lawyer? IF so, he should confer

with the attorney about his chances.

I hope this helps

/s/HCK

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Answered on 10/14/03, 6:12 pm


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