Legal Question in Family Law in Minnesota

non custodial parent and custody

My fiances sons mother wants him to come live with us. She says she cant handle it and has givin him up before. If we get him what do we need to do to protect him so that is live can be stable. He is in 2nd grade and this will be his 3rd school 3rd state he has livied in since school started this year. If she signs him over to us for a year can she come get him anytime? Do we have to give him back? Will that give us a better chance to gain full custody? We have 3 kids together that live with us. What do we so she doesnt just take him back in a month? What are our rights? What do the documents that she gives us have to say so that we can enroll him in shcool, get him medical care, and whatever else comes up? This child is already in special ed classes in school and we do not want to mess him up or hurt him anymore than he already has been. Please help us and give us some advice so we can have everything in order. She keeps changing when he is suppose to move here it could be next week.

Thank you very much for your time

Stephanie


Asked on 11/20/05, 3:59 pm

1 Answer from Attorneys

Re: non custodial parent and custody

To have rights in the choice of school, medical care, etc. he needs legal custody, either sole or joint. Ultimately, he will need a court order awarding him physical custody if he wants to retain the child in his care for a long period of time. Bringing the child into your home, with the custodial parent's consent, can help improve your chances for custody.

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Answered on 11/21/05, 9:05 am


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