Legal Question in Family Law in Minnesota

Re: non bio custody

I just received your question, and assume you are a minor, living with your mother. Your sister, I suppose, is older than you, and I guess she is living alone.

This is a very hard question, and not one that can be answered easily. What concerns me is that you have taken the time to seek out a lawyer and ask this question.

The law and the courts can sometimes seem a bit cold, and maybe unfeeling. The law generally states that, while you are in your mother's custody, she has the right to determine where you live and what you do. Merely being unhappy in her home is not typically a reason for the court to change custody -- to your sister or anyone else. Some judges may say something like this: "Well, if your mom gives you a curfew, you've got to follow that, and I'm sorry you don't like it, but I'm not going to put you in somebody else's custody because of it." In other words, a judge will not let a child move out of the home just because he or she doesn't like the discipline. This assumes the discipline and rules of the house are "normal" and that no one is endangered.

If there is something happening that is dangerous to a child, or is threatening, such as serious alcohol abuse or violence, the court will get involved. But you need to realize that when the court gets involved for that reason, it is because there is something really wrong in the home, and often the child is placed in foster care. If you have those sort of concerns, you need to contact a counselor at school, or someone else who can help.

To answer your question most simply, your sister could theoretically get custody, but it would be unusual, and the court would want to know about your father. Where is he, and why isn't he involved?

As I said before, there would have to be a very serious reason before the court would get involved, and even then, there is no guarantee your sister would get custody of you.

You really should find someone who can help you and your mother talk together. My contact information is below if you have questions.