Legal Question in Family Law in Minnesota
My family and I recently enrolled in public assistance for medical insurance. The state of MN is now attempting to obtain child support from my step son's mother who has not been in his life at all! She lives on a reservation in South Dakota and is a tribe member. He will be 16 on June 10th. If we keep him on assistance, they will pursue child support, we are afraid his mother will attempt to "take him" back to the reservation. Is there any way that he could be taken from the home, even though he has not lived with his mother since he was months old? We can not file for "good cause" because we do not have any actual documents of proof showing that we feel possible harm could come to him or my family by them pursing the child support case. We also have a court document stating that a court in South Dakota has jurisdiction on this child support case. What should we do? Should we be worried that he could be removed from our home??
2 Answers from Attorneys
Your queston is not a simple one It depends on many things including whether there are any existing orders reglated to custody and parenting time. If there are, those orders remain in effect until modified.
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I agree with Mr. Beaulier. This is not a simple matter. You do not mention if there is an existing order giving your spouse legal or physical custody. You should review the current order regarding physical custody. If jurisidiction is in South Dakota, you may want to contact a South Dakota family law attorney.
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