Legal Question in Family Law in Minnesota
Ok, so my son is 14 years old and his mother and I have had 50/50 custody for about 5 years now. He stays at her house in Kasota for a week and my house in Cleveland for a week. He has went to school in St Peter and a bus would come to both homes to pick him up for school and also to drop him off. Last year his grades significantly dropped, he failed every class (8th grade). We met with the school and came up with different plans to make this better yet it never quite got better. I thought that switching to Cleveland school would benefit him because it is a smaller school with smaller class sizes and more 1 on 1 (I have 2 other children who go to Cleveland and do excellent) his mother initially was completely against it and wouldn't even hear it. In June his mother decided that Cleveland would be a good idea and our son was on board and for the first time is excited for school to start. We get him enrolled and everything is good. I then get a text from my sons mother stating that she is being kicked out of her home (by her grandparents) and that they don't know for sure where they are moving. This is a little alarming to me as they were only given 2 weeks to move out but I go with it and see whats happening. I get a call from my sons grandmother (mothers mom) stating that she is worried about my sons well being with being in this house because his mother and step father are abusing drugs. My son then asks me if he can just bring all of his stuff with him to my house so that his mother doesn't sell or pawn off his stuff. I obviously say absolutely and start investigating things farther. I find out that she and her husband are on Meth and when they finally will have a face to face meeting with my wife and I they look extremely sick. She went from about 220 pounds to 100 pounds in 2 months. She agrees to allow our son to bring his stuff to our house with him and we picked him and all his stuff up on Monday. So the issue now is our son says that his mom is sick and he doesn't want to have to go there because first she has no place to live and no job or money and he just wants to stay with us until his mother "gets better". His mothers mother and grandmother are worried and agree that she is not herself and that is not a good place for him to be as they have no place to sleep and they rarely have food available to the children. My sons older brother has now moved in with his father because of these issues as well, however with him being 17 his mother didn't put up a fight. So my question is, my son is worried that come next week he will have to go with his mom because that is what the court order states and he doesn't want to, nor does her family want him to. So this being said how do I go about with this legally? Do I petition for change of custody or parenting time change? Can I ask that drug testing be required? Will a judge listen to my sons concerns and take them into effect?
2 Answers from Attorneys
Hello. We attorneys provide general legal info' to the public. Your own att'y may provide you with legal counsel as to your personal situation. I must urge you to seek att'y counsel for yourself (this is a rule of professional conduct).
So you know, a request for change of custody is usually made by motion (not petition).
Drug testing requirements are commonplace now in cases that involve chem' dep' and abuse and addiction. In my personal work, I aim for utmost detail when I must draft those sorts of requirements.
Definitely: Phone 911 as to immediate danger. One may request welfare & safety checks. Child protective services are to be contacted for danger or suspected dangers posed to children.
Please seek help, now, today. I suggest you read a few att'y online bios', choose very carefully, look for lengthy prof'l work, membership in the family law section of our bar assn.
Beware 'free advice'.
You certainly appear to have a basis to seek a modification of parenting time and/or custody. However, until the motion is field you must comply with the existing court order. To build your case properly and present the evidence, you should retain experienced counsel.
I have over 24 years of success in representing fathers seeking custody.
I can be reached at 512-240-8005.
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