Legal Question in Family Law in Minnesota

Can an ex husband of the Mom sue a biological Father for custody?
My ex husband never adopted my daughter (who is 15) but he was in her life fora total of 11 years.( 5 married and 6 divorced) I divorced him 5 years ago and because of children we have together, Kaylee still spent time with him. My ex husband was causing a lot of problems so Kaylee (15) went to go live with her biological Father in Montana. She was adopted by her step-Mom with both the consent of me and Kaylee. Now- my ex husband is trying to sue me and her Father for custody of her. I don't think he can because I gave up my parental rights on February 16, 2005 and she is now in a safe and secure home with her biological Father and her step-Mom. She is also now a legal Montana resident and Minnesota courts should have no say in it anymore. I received a ''notice to attend a scheduling hearing'' coming up Sept, 9th. Do I have to respond to this?? I already mailed a copy of the adoption proceedings to his attorney. That should have said it all. Please let me know.

Asked on 7/29/05, 2:54 pm

Maury Beaulier612.240.8005 Minnesota Lawyers

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Re: Can an ex husband of the Mom sue a biological Father for custody?

You do not have to respond, but you must attend the hearing. You should also file a Motion to have the case dismissed on Summary Judgement.

For a consultation call 952.746.2153

Answered on 7/29/05, 3:05 pm

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