Legal Question in Family Law in Minnesota

I have a question on mn statute 260c.301 subd. 2 paragraph(a) clause(2) I have been battling custody/visitation with my daughters biological mother on an off now for 5 years(I have sole physical and legal custody). She has had 2 children before my daughter taken away from her in the past. Am I understanding this statute correctly? As soon as my daughter was born that she should have been taken into the states custody? If so, I would like to file a lawsuit against the state for not doing so and putting my daughters life in danger(because i had to fight in court to get sole custody) I am also concerned with dealing with the courts for this amount of time. "Had the shoe been on the other foot" I would have been dismissed out of my daughter life entirely a LONG time ago. She has been diagnosed with many mental health disorders and has a history of neglect and abuse on top of did i say a TON of mental health disorders. On that note i would also be asking about gender discrimination. We went thru court for 2 years ages 1/2 to 2 1/2 years of age. Once that was completed there was no word or action taken for 2.5 years(child abandonment?) now we are back in court for a year now so far. The first series of court orders she had gotten visitation completely taken away and now we have a different guardian ad litem that loves keeping any women in the child's life no matter how bad of a mental state they are in. And now she has supervised visitation 1 time per month and it seems as which she is getting farther and farther back into my daughters life with no improvement in hers. I am looking for an attorneys help right now for a couple of possible lawsuits against the state? county? court? for these reasons and to get this custody thing finalized for ever. Thanks for your reply. My main question would be about the statute. And then would be about the lawsuits. I just want this to be over with but want options if this keeps getting drawn out


Asked on 9/12/15, 6:50 pm

1 Answer from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

This is a duplicative post: See prior reply. I urge you simply to pay a well experienced attorney to review your situation and provide you with legal advice that is tailored to the full facts of your personal situation.

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Answered on 9/13/15, 3:22 am


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