Legal Question in Family Law in Minnesota

Child Custody

We are residents of Minnesota. My Husband has joint legal custody of his son and The mother has Physical Custody. We have been trying to get custody of the child for years due to child protection removing the child at one point. Now she is homeless and is giving us the child temporarily. If she comes back for him can we request she take us to court to get him back? Or will we have to return him? The child is 8 and is able not wanting to return with his mother if she comes back.


Asked on 12/12/06, 1:49 pm

2 Answers from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Child Custody

If the mother is homeless and placing the child with your spouse, you should document in the clearest manner possible. After the child is placed with you, you should immediately file a Motion to change custody. If you do not act, the mother may return at any time and seek to have the child returned to her care.

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Answered on 12/12/06, 1:53 pm
Michael Paul Cundy & Paul, L.L.C.

Re: Child Custody

You need to have a court order granting your spouse custody (or at least temporary custody). That way, his ex can't just come back and take the child if she finds a new place to live. Your spouse can obtain a court order by agreement or he can take his ex back to court.

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Answered on 12/12/06, 2:28 pm


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