Legal Question in Family Law in Minnesota

Re: Mother abandoned child three times in 18 months

Procedures may vary from one county in Minnesota to another, but the most likely outcome is that the matter will be referred to family court services for a study by one or two social workers. They may also attempt to mediate a deal between you and your X

In a situation such as you describe, I expect your X will be given some visitation rights - but it will start off with very small amounts. It would be overwelming for a 4 year old to go for a whole weekend with someone who now she does not know. It may be that at first the visits should be supervised by someone the child knows and is comfortable with - such as an aunt or grandparent.

Then over time if the short visits go well, perhaps your X would be allowed to expand the visitation into a more standard schedule. I expect it would be a very long time, however, before she gets custody - if ever. With the history you describe, your X will probably screw up again before that happens.

You should not face this without a lawyer. Hire a competent lawyer to represent you. Your lawyer can ask for child support (why do I have this feeling the X hasn't been paying any?) and perhaps even for some attorney fees. The court is likely to appoint a guardian ad litem to represent the child in the legal proceeding. A guardian ad litem does not have to be a lawyer but often is. Think of it as a public defender for the child. The guardian will be asking questions of your X like - where have you been all this time?

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to seek the advice of an attorney of your choice concerning the details of your case.