Legal Question in Family Law in Minnesota

Will I get my children with my record

My husband and I have been together for close to 15 years and married since 1998. In July of 2002 I was picked up for my 3rd DUI in 10 years. I am on a staggered sentence probation and have been clean since the incident. I am wanting to leave my husband to concentrate on my new clean lifestyle (he doesn't like AA meetings, etc.) but he is threatning that I will never get custody of our son because of my record and that he will say I have been drinking the entire time to make sure of it. What are my rights and chances if I proceed in leaving? I would prefer for him to leave so the kids and I can stay in the house, but he is not responsive to my request.


Asked on 5/10/04, 3:28 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Will I get my children with my record

You should not leave the home since the home is a stable base for your children. By leaving you would weaken your arguments for custody.

Instead, you should file for divorce and seek a temporary hearing date where in the Court will decide which party has temporary custody of the children, temporary occupancy of the home, child support, maintenance and other issues.

For an overview of these issues review our Minnesota articles at http://www.divorceprofessionals.com

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Answered on 5/12/04, 5:38 pm


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