Legal Question in Family Law in Minnesota

Leaving the state with the children

My sister in MN is married to an abusive man. He stopped the physical abuse 2 years ago, but has started throwing things at her. He continues to be mentally abusive. There have not been any calls to the police. He is often angry and breaks things in their home. He is mentally abusive to their children. She plans to take their two children (12 and 15) and move to Iowa to live by me as she cannot find a job in their town that would raise her above the poverty level. They are on the verge of bankrupcy. My question is this: can her husband legally make her come back to MN with the children? Can he get custody because she left the state? She plans for him to have visitation, but does not want him to have custody. Thank you so much for your consideration of this question.


Asked on 5/01/03, 4:12 pm

1 Answer from Attorneys
Michael Paul Cundy & Paul, L.L.C.

Re: Leaving the state with the children

We would need to get her custody and then we could absolutely ask permission of the Court for her to take the children and move out of state. It may be a risk for her to leave without the Court's permission, but that is something we can talk about. Let me know if you and she want to meet with me to discuss. We offer a free initial consultation.

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Answered on 5/01/03, 4:59 pm


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