Legal Question in Family Law in Minnesota
Parent with full physical and legal custody gives temporary custody to his mothe
My husband has full physical and legal custody of our 16 year old son. Minnesota is the home state and the state with custody jurisdiction. Father lives in Texas with the son. Father has decided that child can go live with gramma.(my ex-mother-in-law). Mother in law lives in South Dakota. If they can do this, don't they have to appear before a judge, and shouldn't I have a chance to be in the court room too? I know they are going by minnesota law because they already hired an attorney. They say they are filling out Temporary Guardianship papers. Can they do that without my input? Please advise a very distressed mother. Child is only living with dad because he could not follow my rules and thought that living with dad would better, he was wrong.Thank you for your help.
Deanna
1 Answer from Attorneys
Re: Parent with full physical and legal custody gives temporary custody to his m
I am a family law attorney in Minnesota. I am happy to hear that your ex is still considering Minnesota as the place where he has to go to Court. How long has your son been with him in Texas? If it has been over six months, you're lucky he doesn't try and make Texas the home state.
As for your question, he will have to get Court approval and you do have a say in the proceedings. The history of this case may dictate how much of a say and I would need to explore that more with you. Also, I need to know more about the mother-in-law and, of course, about your ex. Why is he not keeping custody of your son? How long was he down there and why does he not offer to return your son to you? Also, your son is 16. What does he want?
Please respond to [email protected] if you wish to discuss this further.
Thank you.
Michael R. Paul
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