Legal Question in Family Law in Minnesota

Custody jurisdiction

I live in MN. I moved here over a year ago with my two children after my then husband physically abused me and was arrested. Last October I sent my son to Pittsburgh to visit his dad and his dad enrolled him in school there and never sent him back to me. I had to live in MN for 6 months before filing for a divorce. I filed in June (it took almost a month to serve my ex-husband). He never responded to my petition for dissolution and didn't show up to hearings so the divorce was finalized on August 29, 2008 by default awarding me custody of both children. Yesterday I was in a Allegheny County courthouse in PA where my ex had petitioned for temporary custody of Joey and was awarded it because the PA judge told me that MN court had no jurisdiction over Joey and should have never granted custody of him to me. Is this true and do you have any advice on how I should proceed? I am desperate.


Asked on 9/19/08, 4:36 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Custody jurisdiction

At this point, you must proceed in PA. You can still make a special appearance with a lawyer and argue that Minnesota has jurisdiction. However, often the result is not favorable when a party leaves the state with a child without consent of the other parent. It is viewed as forum shopping.

For Minnesota matters visit divorceprofessionals.com

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Answered on 9/22/08, 1:55 am


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