Legal Question in Family Law in Minnesota

my parents have been divorced since i was 1, i am now 15. my mom is remarried, and my dad is in prison. i can not stand my step dad because when i was younger he sexually abused me. my mom knows but doesnt believe me. due to me and him not getting along, my mom allowed me to go live with my aunt and uncle when i was 12, in santa fe texas. shortly after, they moved to minnesota. so i come visit for two weeks every summer. this summer (2009) i came for my two weeks and she ended up forcing me too stay. i do not feel safe here, and i want to go home back to where all of my family is. as well as them wanting me back there. but they want to do it legally. my mom had power of attorney papers signed giving them custody of me. we need to know how to do this. please help!? we need answers.


Asked on 8/12/09, 6:31 pm

1 Answer from Attorneys
A. Michael Kuehn A. Michael Kuehn Law Firm

Minnesota Courts put great weight on the custody desires of the older teenage minor. In fact, there are cases suggesting that if a teenage minor expresses a preference as to where to live, that should be where they live, period. To do this legally, however, you need more than a power of attorney - you need a modified custody order from the court. The easiest way to do this would be to file a motion to modify custody, seeking to have your aunt and uncle named as the physical custodians.

Please feel free to contact me if you have any questions.

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Answered on 8/24/09, 2:43 pm


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