Legal Question in Family Law in Minnesota
My parents have legal custody of my son. If all parties agree, can my son live with me? And is there a quick or simple way to transfer custody if everyone is in agreement?
2 Answers from Attorneys
If all parties agree, you might be able to have an attorney represent one party and draft the agreement. If there is a court file open, the agreement could be submitted to the judge for approval. If there is not a court file open, the attorney could possibly draft the appropriate documents to have a file opened and then submit the agreement to the judge for approval. Either way, the attorney will need to review the documents which give your parents legal custody so as to make sure this is the appropriate means to transfer the custody. As always, it will depend on the facts of your case and the review of documents before the appropriate plan of action can be determined.
If there is a custody order, it may only be modified by a subsequent custody order. That can be accomplished by agreement when an attorney drafts and submits a STipulation and Order to modify custody,. It is important to know that any party to the proceedings, including the other parent, may have to agree.