Legal Question in Family Law in Minnesota

I have been with a guy for 7 years. (we are not married) I am from Louisiana and he is from Michigan. We have 2 children together. (5yrs and 19 months) He convinced me to move to Minnesota 4 years ago and since living here I have told him that I want to move back to Louisiana. He will NOT allow me to go back with the kids. He tells me that he will have the kids back with him in no time. My family all live in Louisiana and they have all said they would help me get back there with the kids. He has been in trouble ever since I met him and I was foolish to stay with him as long as I have. I am the only one in the relationship that works, and I am the head of household on foodstamps, medical, tax returns, ect. He has never gone to get custody, but he is on the birth certificates. He has violated probation 3 times in the last 6 months and this time they told him he wasn't going to get jail time, but would have to go to rehab. He lied to the court and his probation officer that he doesn't drink infront of the kids (but I have had to call into work so i can stay at home with them bc he was drunk when it was time for me to leave), told them that it doesn't cause conflict between the 2 of us (which it does all the time, and the kids don't need to see it), ect. What do I need to do to get back to Louisiana? He will NOT let me leave with the kids and I fear for their safety.


Asked on 2/17/11, 3:11 pm

1 Answer from Attorneys
Heidi Swisher Joslin & Moore Law Offices

I suggest that you contact a women's shelter as soon as possible. One of the counselors there can counsel you regarding how to get safely out of this relationship. Additionally, according to Minnesota law, if there is a court order for parenting time, then you have to have your boyfriend's permission or a court order before you move the children out of state. If there is no court ordered parenting time, you may want to move the children to Louisiana before he gets a parenting time order.

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Answered on 2/17/11, 8:59 pm


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