Legal Question in Family Law in Minnesota

Re: How do I get custody of children that live in another state?

1. Maintain a journal of all letters, phone calls, e-mails in which you communicate with the children or father. Be sure to keep a list of all Birthday & Holiday cards & gifts. You want to build a record of attempts to continue to have a relationship with your children. Track down any past records of father denying you access or written statements.

2. Make a time line of your illness and document your recovery with a letter from the doctor.

3. Is father�s name on the birth certificates? If not, paternity would need to be established in the state where each child was born. In Arizona the Hospital Paternity Program provides the means for a father & mother to voluntarily sign paternity paperwork, see www.azdes.gov/dcse/pdf/forms/PAE-631.pdf.

4. If father & the 2 children he has in his custody ever lived in Arizona, you could try filing in your local Superior Court; but normally, you would need to proceed in the court where the children live now, Minnesota. You may want to find a lawyer in Minnesota. People file in courts on their own, without a lawyer all the time. The Maricopa County web page at http://www.superiorcourt.maricopa.gov/ssc/info/gen_info.asp has sample forms that can be used anywhere in Arizona, just change the heading from �Maricopa� to the county you are filing in. Minnesota may have similar self-help services.

5. You may qualify for assistance from Legal Aid, depending on your income. Check the phone book for the office near you or check the web at http://sazlegalaid.org/contact.html for offices outside Maricopa County. Legal Aid may be able to refer you to a Minnesota office.

6. Free services to obtain a child support order, whether the parents were married or not, are available in Arizona through DES-Division of Child Support Enforcement. The web site is http://www.de.state.az.us/dcse/ . They can not help with custody matters.

7. Even if you are not able to get full custody, you would normally have the right to visit with and be a part of your children�s life. It may take a court order to establish �parenting time� with your children.