Legal Question in Family Law in Minnesota
Custody of children
I am asking on behalf of a friend. His ex and their two children live in TX. There is no Divorce. She has a restraining order against him, but, not between him and the children. She abuses drugs and can be proven. He gets visitation Fri.-Sun. How is he to have visitation with children if she has a restraining order against between her and him? He wantsto get the children back to MN and initiate the Divorce proceedings. She has called him and told him that she wants him to have the children for three weeks. What can he do? Please help. I am helping him gather all possible information.
1 Answer from Attorneys
Re: Custody of children
If the children formerly lived in Minnesota and he has lived here for 180 days or more, he may file for divorce in this state. I would suggest that he act immediately upon the children's arrival and schedule a temporary hearing.
A custody case of this nature will undoubtedly be complex and a strong case should be assembled for custody before the filing occurs.
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