Legal Question in Family Law in Minnesota
I have sole custody of my son. The jurisdiction is in another state, I got to move. I am a fit and proper parent, however My ex is trying to get custody and claims that my new husband is not fit and proper (he is incarcerated for a non- hurting offense no victims) DUI. But he has not lived with us, and he will not for 4 years.
My ex has prior (4 felonys) for theft and forgery.
He is saying that he is going to get custody. Is this the case? What can I do?
1 Answer from Attorneys
I just received your message. Many more facts are required to properly provide you some direction on this matter. First, it is not clear to me whether you now live in Minnesota, and are moving out of state, or whether you are moving into Minnesota. Second, it is not clear to me whether your existing custody order was entered in Minnesota or another state. Third, I don't know whether the child's father lives in Minnesota or elsewhere. Finally, a great deal more information is required to evaluate the facts of the case -- assuming Minnesota has jurisdiction over custody at this time. The age of your child, the nature of his relationship with his father and with you, and the reason for your move, would all have to be evaluated to give you a proper answer.
As a general rule, the state in which your child has lived for the past six months will have jurisdiction over any custody and parenting time (visitation) issues. Your zip code indicates you are writing from Arizona. If you and your child have lived in Arizona for the last six months, you will need to contact an attorney in that state, even if the divorce or custody order was initially entered in Minnesota.
If you live in Minnesota, and are contemplating a move out of state, or your custody order was entered here, and the child's father is bringing a motion in Minnesota, you should call for more specific advice.