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| Mom takes kids and leave |
| Child Custody & Visitation |
I'm in Minnesota.
My brother has 2 kids with a woman, they have been living together for a couple of years, no married. The mom decided to up and leave with the kids back to her home state in the middle of the night with the 2 kids, leaving only a note (something she did one other time too a year+ ago). What immediate legal rights does my brother have against her? Can she do this? For how long is it okay? I am assuming there isn't much that can be done in the short term, but would like to know, should a report at least be put in with the local authorities at least? There WILL be a custody battle coming up and it won't be pretty. But my question to this forum is what can be done right now?? Anything?? Thanks for any advice.
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| divorce in mn |
| Divorce, Separation & Annulment |
| Minnesota: After leading separate lives for the last five yrs., my husband and i have decided on a divorce and can fortunately part on peaceful terms. We don't have children, have decided on what i get/he gets, which took about 10 minutes. Do we need an attorney or can we use a mediator? We just want a nice, simple split with as little fanfare or "mess" as possible so we can go our separate ways and get on with our lives. We'd like to know how we can do this and if there are pitfalls we need to avoid. He owns the house, all purchases have been separate, we've always filed taxes "married but filing separately."
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| Taking picture without consent |
| Marriage, Domestic Partnerships and Other Family Law Matters |
| I live in MN and our town hired someone to take a picture of our Daycare lady walking with all the kids, to show that they need to put a sidewalk in. Once the picture was taken they posted it on the local TV Station. No one ever asked permission to take this picture, none the less on of the children is in a Foster Home. Is it legal for them to take this picture and put it on TV?
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| Interstate child support issue |
| Child Support |
Ok the original order is in WY, as I was still technically a resident of WY when we filed for cs.
I was court ordered to supply health insurance, which I was unable to do (was not offered by my part time job, and am now just as of July 1 providing through my new job). Our son was covered through MA after he was born and insurance provided by my at the time employer while I was pregnant.
My ex (never married) never paid a bill for medical, never paid for clothing etc while we were together, since we lived together about six months into my pregnancy.
side note: When we split up, I moved back to MN (about a year and a half ago) and have since established our home here. I have no ties to WY so my understanding is that the presumptive jurisdiction for everything other than cs is in MN now.
Recently after not having heard from my ex for a period of time (Feb 1st to July 8th) he is demanding that I report my wages to the private company which handles the cs cases in the county where we used to live.
I contacted MN since I have been told not to contact them directly (something about letting the agency here do that), to be told that there is nothing that I can do through them, but could file a "Motion for Modification to Child Support" with the court there. I have been unable to figure out whether or not it would be worth the filing money to do this.
Here's why:
When the original order was put in place, they figured that I could be bringing home $1250 a month, which is about half of what I make with overtime now, however when the order was put into place, I wasn't actually working and thus had no expenses.
Without a calculator and without being able to find out whether or not child care is part of the consideration for WY cs amounts, do the seniors think that I should file or wait for him to initiate?
Also, on the financial affidavit for the original order he reported that he nets about twice what I was reported to be able to earn a month, but the updated affidavit request from MN states he grosses nearly double that amount. Is there any way to find out which is correct? What about falsifying documents if they did, can they get into trouble for that? 
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| long distance parenting plan? |
| Child Custody & Visitation |
Hello and thanks in advance for your help. I am a single mom of a 2 year old. My son's father is not involved.... this isn't to say that I don't hear from him, but its often 3-6 months in between communications and is always threats about how if I don't do what he wants me to, he's going to take me to court and take our son from me. Never asking about how our child is doing, never asks if there is anything that he needs... nothing.
The background:
My sons father and I were never married. About October of 07, just after our first marriage counseling (my church requires it in order to marry with the blessing of the church), I found out that he was sleeping with my "best friend" and intended on leaving me. I was naturally very hurt, announced that I was moving back to MN (living in WY), to which he replied that he knew that. I told him and his family when I was leaving, mutual friends of ours were at the house helping me finish packing and he never called, never showed. I had contacted an attorney to make sure that I could leave the state, to which I was told that since there was no order in place and I had notified the father of my intention to leave that it was up to him to put any objections in front of the court. He didn't object and didn't try to stop me.
Shortly after arriving at my mothers house, I filed for child support. He signed the ROP and he is on the birth certificate. He paid nothing during the interim, waiting until the court order was in place before paying anything... something like 6 months. This is when the threats started. Mostly coming from his girlfriend, some that she signed for him (its funny how his signature looks like hers!). I was employed part time during this time but on state assistance for medical and food stamps.
I was laid off at the end of November, applied for God only knows how many jobs for the next several months, only to receive threats that if I didn't get a job and do my part in paying for our son, that he may as well raise him if he has to continue to pay (his words... "if I am to continue to pay $ a month, I may as well raise him"). I did not answer this email, but continued my job search. I finally found a good job, sucky hours, but a good paying job that will afford me to support our son, with or without his help... in two years when I max out on pay. At this point, I am still living with my mother who helps with daycare when I work on the weekends, takes care of him in the mornings and takes him to daycare during the week. Due to my hours, I don't see this changing.
Fast forward to now:
My son is now two, has no idea who his father is, albeit partially my fault for moving so far away, however, he has made no attempts to ask for any kind of visitation. I have never replied to his threats, they would only fuel the fire. He (well SHE) demanded monthly updates and pictures, threatening me with dire consequences (their words not mine) if I did not comply with their demands. I complied with the monthly updates for several months, then fell behind due to now working more than full time.
I have never said nor implied that he couldn't see his son, never said that he couldn't be a part of his life. He was behind in child support 6 months up until the first of this year, pays at different times during the month, sometimes 45-60 days apart. He falsely claimed him on his taxes this year, the IRS is investigating. I am court ordered to provide health insurance, which I do now that I am employed full time (he was covered under MA until July 1 of this year). This arrangement of the health insurance was due to the out of network expenses that would have resulted if he were to provide through his employment. I am not worried that he could take full custody, I am a good mother, I provide for my child and have always been the primary caregiver, to the point that in the first 6 months of our childs life, he change maybe a dozen diapers (saying "diapers are a mommy thing"), never gave baths and didn't help with any kind of entertainment for our child... preferring to stick him in the bouncy seat on the couch next to him only looking at him at commercials or when our son made too much noise.
Sorry for all of the background info, its long and convoluted (although I have given the "cliff notes" version while trying to keep all of the pertinent info in) but my questions are:
1) what is my obligation towards my sons father concerning updates, when he doesn't specifically ask?
2) what are my options at demanding supervised visitations in my hometown, since it would be traumatic to our child to be "exchanged" in the middle for "summer and Christmas maybe" visitation as he is demanding?
3) since there is no court order in place, he would have to file here in MN for any custody or visitation, but should I initiate to put down on paper with the court that I am the sole custodial parent and sole legal parent?
4) what would a reasonable long distance parenting plan include, being that our child is so young and doesn't know either his father or his girlfriend?
5) what are my options to stop her from communicating with me pretending to be him?
Thanks again, I wait on bated breath for your replies!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
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| Do I have the right to..... |
| Child Custody & Visitation |
What is the name of your state (only U.S. law)? Minnesota
My ex-husband and I have visitation set by the court. It is every other weekend, Friday at 5pm to Sunday at 5pm. He cannot/will not take her on the weekend. Do I have to let him see her outside of the designated visitation time?
Also, he does not have a place to live. He really doesn't have a place to bring our daughter, and if he does find one, it is not suitable. There are either drugs or alcohol there (alcohol being in copious amounts, I know the mere presence of alcohol doesn't change things). Does he have a right to see her even if he can't find a suitable, CONSISTENT place to bring her?
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| My son's father wants to my son's last name |
| Child Custody & Visitation |
| I live in Minnesota and I have sole physically custody of my son with joint legal custody with his father. We were never married. We both signed the ROP with our sons name. At that time I gave his father a chance to change my son's last name to his, but he didnt want to. So we signed, notarized and mailed the ROP. Now, after 2 years, his father is bringing me back to court to change not only our son's last name but also his middle name. I have tried to come up with a compromise on the last names by using both but he said that will only cause confussion and embarassment to our child. I know many people with joint last names, so I strongly disagree. Also, my son's middle name has been carried down in our family. He will be that 3rd generation and I would like to have a little part of my side of the family in his name. I cannot get his father to understand this, he is dead set on our son having a biblical name, it didnt matter which one, as long as its a biblical one. Will a judge even consider a middle name change, especially when its not even in the best interest of our son? What can I do to make sure this doesnt happen?
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