Legal Question in Family Law in Minnesota

A Complicated Custody Battle

I divorced in MN. I got sole custody of my son, now 13. He and I moved to TX. I remarried and we moved to Jamaica (w/ex. approval). Ex. tried to get custody. Because of Jamaica, MN had jurisdication for trial. Ex. claims against us were all denied by the court, but the brain washing with son was set. The next year in TX was very stressful with son, so 12/99, I sent him to ex to temp. live for 5 months. Ex & I agreed that nothing legal would occur and that no child support would be exchanged. At the end of the five months, ex & I agreed for him to stay an unspecified time. At the end of this school year, I was going to bring him home because he has gone from being an A-B to D-F student with little supervision. Now ex. has filed for custody (court date 4/6/01) and support. I was told in MN in '98, that when we was in TX 6 months, TX would take jurisdication. My questions are: Can I file in TX for this motion to be tried in TX since I still have sole physical custody, or does it have to be tried in MN because my son has been living there over 6 months? Since I do have sole custody, can I legally just go to MN and get my son and bring him back to TX? Do I need a TRO to make this happen?


Asked on 3/27/01, 6:45 pm

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: A Complicated Custody Battle

Please! make an appointment with an attorney in your area to discuss these questions. YOur problem is much too complex to address via e-mail and any delay at this time could have undesirable results.

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Answered on 5/31/01, 3:24 pm
Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: A Complicated Custody Battle

If you live in the Houston area I will be more

than glad to speak with you for free. Your case is

complicated and must be done carefully. Time is

of the essence so please do not hesitate to hire

an attorney. Based on the facts you have given me

MN still has jurisdiction over your child

therefore that is where this case will be heard.

Try to find an attorney licensed in MN to ask your

question about taking your child before you do so.

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Answered on 6/01/01, 7:13 pm


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