Legal Question in Family Law in Minnesota
Counter Petitions ?
Why would my stb ex respond to my petition for divorce and custody with a counter petition for custody when we have not seen him at all in over 8 months his choice?
1 Answer from Attorneys
Re: Counter Petitions ?
Generally, a party will serve and file a Counterpetition with their strongest position stated in that document. It privides bargaining position.
Moreover, as discovery is performed in a case, it may be determined that there is a viable issue to be litigated. Additionally, being absent for 8 months certainly does not preclude a party from seeking custody or parenting time regardless of the circumstances. Custody determinations are made based on a myriad of factors where past parenting time is just one factor among many.
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