Legal Question in Family Law in Minnesota

Re: child's right

Legally in Minnesota a child is a child until he or she turns 18. Until then the child legally is in the "custody and control" of whoever the custody order says is in charge. That's legally.

As a practical matter, however, it's an entirely different thing. When I had only been practicing for about three years, I helped a client have the sheriff go pick up her six foot 200 pound son from her X's place once and then again. The third time he ran away and went to his father's place, the sheriff said not to call again, they had better things to do; and the sheriff suggested to the father that he make a motion for custody in family court. In court the decision was that the father coul control this kid and the mother could not - custody granted to father.

It's like the old joke about the 800 pound gorilla: Where does he get to sit? Anywhere he wants. There is no living hell worse than having a teenager who wants to be somewhere else.

My suggestion: let 'em go.

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice about the details of your case.