Legal Question in Family Law in Minnesota
I have been divorced since September of 2011, I live in the home we had, and my ex lives with her parents. We share joint custody (legal and physical) and our parenting time schedule is every other week.
Here is where things stand now. I was recently contacted by the parents of my ex, and after not really talking to them for 6 months or so, they were calling me to express a great deal of concern for their grand son (my son.) Things brought to my attention were physical and mental abuse (not reported at the time), the mother leaves all parenting duties to the grandparents, my ex is currently going through day counseling treatment for bipolar disorder, she is involved in a realtionship with a married man, as well as another she met in counseling, and the counselor stated that she has a long road ahead of her and that she doesn't think rationally she wasnt born thinking that way, only thinks with her emotions. She also lost a job recently, and as of last I heard she was finally kicked out of the house with her parents.
This is where I am concerned. She just found a place to live with the help of the county, and she has asked me to watch our son for one of her weeks, which means I have had him for three weeks (2 of mine, one of hers.) I suggested to her that she lets me take him until she gets on her feet, and limit his exposure to all the new changes she has going on while she gets her life together, this was met with no regard to our son. She said whats the difference between him going through it now, versus 6 months from now. My thought is she is still figuring out the meds, just getting a new place, doesn't have a job, and has the relationships to deal with. Get that under control and then add the transition of him going from his grandparents to living with her.
My issue is I make too much for legal aid, but not enough to hire an attorney. Any advice for me? I worry tackling this on my own with her having the county to protect her. No pro-bono services since it's handled through legal aid. I have about $500 to my name, and need help with going into this.
I need to do something to protect him at least short term if not long term. Please someone help me if you can.
1 Answer from Attorneys
As you may know, a modification of custody is rarely simple. You must make a prima facie case (threshold showing) in your initial pleadings that the child is endangered in the current custodial situation and that the benefit of the change is likely to outweigh the harm caused by the change. Undoubtedly, to meet htat steep threshold, you would need far more specifics than you provide in this limited forum, some collateral proof and the grandparents must be willing to submit affidavits related to their concerns. If you do not have the grandparents you have little more than hearsay.
It is very difficult to navigate the procedural waters without an attorney. However, if you do not present your case effectively, your window for change of custody closes. You should try to acquire the necessary funds to retain counsel .
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