Legal Question in Family Law in Minnesota
I am currently in the process of divorce. My wife was a substance user of 9 years, and went into treament and has been clean for 90 days, however she is still trying to figure herself out in this process, and in the opinion of family and the few friends she still is in contact with, there are concerns with her ability to be a parent at this time to our 3 year old son. She wasn't really a Mom during her using, and has since found a new man in her life, and is gettting an apartment with him.
What I am wondering is if there is a way to allow her parents to be gaurdians of my son. I do not want to give up my rights, but would like to protect my son during this time until she stabalizes. She did sign some paperwork listing temporary custody to her mom, but from what I have heard this can be revoked or changed at any time. Any help would be great.
1 Answer from Attorneys
Your question is confusing. Though your spouse may not be in a position to parent, why is it that you would not seek to be the primary custodial parent with your wife's visits supervised until such a time as she is capable of parenting? It would seem a guardianship is unnecessary and could affect your rights to custody.
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