Legal Question in Family Law in Minnesota

Re: Ex parte question

The outcome of this depends on the nature of the allegations in her petition. If she has made allegations about you that raise concerns about your relationship with the children, whether or not she obtains a restraining order on their behalf, you could find that your relationship with the children is significantly limited.

The bigger question, however, is what has happened over the three months you have been separated, and what sort of relationship you have with your children. In a hearing on a domestic abuse petition, the court is often required to make an order concerning custody, parenting time, and child support, if the parties have children together.

In many cases, this order can have the effect of setting the stage for a subsequent divorce case. If that is where this matter is going anyway, you may be well advised to commence a divorce proceeding. In a divorce case, the court can make an award of temporary custody, and if there is an ongoing dispute, can order a custody evaluation.

Each case is unique, and you should contact an attorney about this matter soon, rather than waiting to see what happens at a hearing on the OFP petition. Delay does not work in your favor. You need to take action here, rather than waiting for your wife or the court to take the initiative. Call my office if you wish to have assistance in this matter.