Legal Question in Family Law in Minnesota

My Daughter has Legal Custody of her son and Daughter from the same father, however her Son has lived with his dad for last summer this past school year and now, as The father has 2 other kids and couldn't pay support and my Grandson wanted to stay w/his dad for a while. now he's moving far away a couple hours, My daughter asked and has asked in the past for her son back full time, he won;t let her, does she have any legal right to her son after this amount of time. Can she just take him and not bring him back except for the everyother weekend visit? please help answer this question. when my Daughter askedto take him back and dad said no my Grandson started to cry, plwase givesome advice Thank you Jammie

I'm sorry but this is a free question, we just don't have the funds. nor does my daughter. thank you


Asked on 7/28/10, 4:40 pm

1 Answer from Attorneys
Heidi Swisher Joslin & Moore Law Offices

Your daughter needs to review her divorce decree to see what it states as far as physical custody or primary residence and what the parenting time schedule is. Legal custody has nothing to do with where the child lives. If the divorce decree states that she has sole physical custody or that her home is the primary residence with father having parenting time, she can contact the local police to see if they can assist. Each police department has their own policies and each police officer might handle the same situation differently. Another option is for your daughter to check out the website MNCourts.gov for legal documents about assistance with parenting time. Also, if your daughter cannot afford an attorney, she can contact legal aid to see if she qualifies for a free/low cost attorney.

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Answered on 8/03/10, 8:51 am


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