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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
Tags >> MN
Sep 25, 2012

divorce laws trendsBy Julie Garrison

Special to DadsDivorce.com

Family law is moving in the direction of collaboration and shared parenting, even if the reform is not as rapid as many scorned divorced dads would like.

This is a glacial but positive movement in the courtroom, and many states have shared parenting legislation, or similar fathers’ rights bills, in the works.

Below is an update on the status of shared parenting reforms in several states.


Aug 07, 2007

Question:

My 2 children came to live with me almost 2 years ago. Their mother and I were never married but we do have recognition of Parantage. She was not equipped to take care of them and did not have her own place to live. She dropped the child support case with the county saying that the children live with me and she also notorized a letter giving up all rights to the children. About 3 months ago she moved into a shelter and stated she wanted to get her life back together and because I have always believed the she sould be part of their lives I let her back in. She would take the boys every Wednesday night and Friday nights. This last Friday I dropped them off and agreed to let them stay until 3:00pm on Saturday. Sometime on Friday night she emailed me to say she was taking the boys and I would never see them again. Please tell me the fastest way to have them returned to me as the police are not willing to help with anything even though she signed over rights.

Answer:

Allow me to preface my answer with the statement that I am not licensed to practice in Minnesota. You need to get a lawyer as soon as possible and file a Writ of Habeus Corpus to get the children returned to you as soon as possible.

Nov 07, 2004

Question:

I have Joint legal and physical custody of my son with his mother. The kicker is, she moved away to a different city almost a year ago now, had another child and her parents raise my son during her parenting time. She has not seen him in a long time. I am still ordered to pay her the full amount of child support and she does not support this child at all! If I went to court for a modification, do you think my child support would be dropped?

Answer:

I am not licensed in Minnesota. However, there is usally a correlation between child support and the amount of time each parent has the child. If custody is modified to reflect you as the primary custodial parent then your child support will likely be modified as well. You should contact an attorney in your state to better advise you on how child support will be effected by a custody modification.

Dec 08, 2003

Question:

A family lived in Ohio. The wife went with the children to visit family in MN and stayed the required 180 days before filing for divorce. The father has moved twice in order to be close to his children and is currently living in WI. The wife now wants to move back to OH with the 2 children to live with her boyfriend. What are the father's rights regarding custody (currently joint custody but he has to live in MN to have a say in decisions about rearing the children i.e. school, etc). If she moves in with her boyfriend, does the father have to continue to pay support and/or maintenance?

Answer:

Child support payments do not stop if she lives with someone. Maintenance payments may stop if she cohabitates with a boyfriend, but it generally depends on the Decree's terms. Since I am not licensed in Minnesota, i can not specifically advise you on that point.

Nov 29, 1999

Question:

My ex and I have an order entered in Minnesota; she has sole physical custody and I have visitation and we have joint legal custody of our 9-year-old son. My question is whether my ex can refuse to allow me to talk to my son on the phone when he is with her. I want to talk to him on the phone once a day for 20 minutes but our order does not say anything specific about phone calls. I used to be able to call him whenever I wanted but ever since her parents have been around a lot more I have only been able to talk to him briefly before she hung up on me. Her parents openly hate my guts and watch over my son when she is at work (which is a lot). Since their involvement, she or they have 1) not allowed my son to call me and 2) I think turned off the ringer on the phone so that he won't come to the phone. Don't I have the right to be able to talk to him on the phone even when he is with her? Can I do anything about the meddling grandparents? Her step dad actually threatened my son last year and physically abused my ex when she was about my son's age so I really want to call him every day to make sure he is all right. I was thinking of filing a "Request to Resolve Parenting Time Problem" but this situation doesn't really seem to apply. I am considering buying my son a cell phone but am worried she will just take it away and still not let me call. What can I do?

Answer:

I cannot answer your question specifically to the laws of MN as I am not licensed in that State. You should consider filing for a change of custody and discuss the possibility with a local attorney. As a less drastic measure, you could modify the present parenting plan to provide for a telephone schedule and provisions for keeping the lines of communication between you and your son open. If she refused the telephone contact after a schedule was ordered you would have the option to file for a modification of custody at that time or file for her to be held in contempt. There is not really anything that you can do about the grandparents beyond using their actions and presence in your modification request.

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