Legal Question in Family Law in Minnesota

Custody for Dad can it happen?

I have been struggling for 10yrs with my exgirlfriend over trying to coparent our son. I took her to court first to adjudicate me and to gain parenting time. Then again 1.5 years later amid countless violations on her part & to add a weeknight visit, then 1 year later to mediation b/c my ex was moving to WI, and didn't feel it was 'my place' to know. Now my son is struggling academically in his new school, (4 schools in 5 years) per his teacher. His mother has been very vocal re: her dislike of me and my relationship with our son. She openly discourages him and punishes him for even talking about me or my family at her home. My child has admitted he is miserable. We have him in counseling and his therapist recommends myself and my wife sue my ex for full custody or joint custody, based on her meetings with my son and also on meetings with my ex, stating she would be an advocate for my son.

What I want to know was that it was so hard, to even get an additional weeknight we always thought it was impossible to try for full custody. The assigned mediator didn't even bat an eye re: the moving situation and just rewrote the parenting plan with some additions. Will a court really recognize this and give me custody of my son?


Asked on 3/12/08, 11:44 pm

2 Answers from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Custody for Dad can it happen?

In order to change custody under Minnesota law, you msut demonstrate that the child is endangered physically, emotionally or developmentally in his current environment and that the benefit of the change outweighs any harm. If you have a therapist who has treated the child with both parent's consent in your corner, you certainly have some strong evidence to proceed with a Motion for custody.

For a consultation call 612.240.8005.

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Answered on 3/13/08, 10:09 am
Gerald Williams Williams Divorce and Family Law

Re: Custody for Dad can it happen?

Quite possibly. The family court is likely to give great weight to the viewpoint expressed by a neutral professional. Also, the older your son gets, the more weight is potentially given to his preference. Please feel free to follow up with me at [email protected]

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Answered on 3/13/08, 10:24 am


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