Legal Question in Family Law in Minnesota

Re: step parents rights

The Courts will generally rule that step parents have a role to play in a child's life in addition to the biological parents. What that means in practice is unclear. Certainly the step parent does nopt have any legal rights to make decisions etc...

As you may know, a custodial parent must seek an agreementof the parties or permission of the Copurt to relocate a child out of state. The Court will review whether the move is in the child's best interests. However, there is also a presumption under Minnesota law that the child should remain with the custodial parent. THis means that the relocation is generally allowed so long as it does not endanger the child.

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Re: step parents rights

The new husband is just a step-parent and you still retain all the rights of a father, assuming that you have already gone to court to enforce those rights. If not, you will need to do so (even if you have been seeing the child). Only an order from the court can make sure that you would have the legal rights as a father and give you the opportunity to fight her if she tries to move out of state or to fight him if he tries to adopt your child. Have you been adjudicated the father? Do you pay support? Do you have any court ordered access or have you just been cooperating with the mother? These are all questions that need to be answered. Call me to set up a free initial consultation if you wish.