Legal Question in Family Law in Minnesota

Re: child custody

Thank you for your question. If you are already represented by an attorney, you should direct this question to him or her.

Without many more facts and a knowledge of the procedural history of the case, it is difficult to provide you a specific answer. Nevertheless, perhaps this will help.

Your husband has the right to contest custody, and is evidently doing so vigorously. The fact that he has had more than one lawyer representing him in the case is something of a red flag. In some cases this may indicate he wants to push issues his attorneys believe have little chance of success, or that he does not follow their advice. While it is not always true, a frequent shuffling of lawyers can be an indicator of the party's personality, which the court understands.

Despite his protests, the fact that you were awarded temporary custody and have a favorable evaluation is more than likely an indicator that the facts are well settled, and that you have a long history of caring for the children. This is significant, since the court is an inherently conservative institution that tries to avoid disruption in the care of the children. If you look through the custody statute, (Minn. Stat. 518.17) you will see that all of the "factors" the court must consider basically resolve themselves the this: What can the court do to minimize the disruption in the routine care of the children, particularly young children. The temporary order and evaluation suggest the court and a social worker have already determined you provide this sort of routine support and care, and should continue to do so.

I presume he may be objecting to the "label" (joint physical custody v. sole physical custody), or some aspect of the parenting schedule. In general, the court will likely follow the recommendation of court services or the evaluator, despite his protestations. But, in the meantime, he is entitled to pursue his case. If he is pursuing meritless claims or futher evaluations, however, these should be opposed, and you can request an award of temporary attorney's fees. (He is the one increasing the cost of litigation, after all.) Finally, if the case is tried, you should request fees.

If you have further questions or concerns, please feel free to contact my office. Good luck.