Legal Question in Family Law in Minnesota
My brother has sole physical custody and joint legal custody of his 7 year old daughter. Her mother has her 3 weekends a month from Friday after school until Sunday at 6 pm. Last night the mother refused to give her back. The police were called and she made up allegations of abuse and claimed she talked to a social worker. She also said her daughter was not home but was safe. So the police refused to give her back to my brother. Upon further questioning of the mother the police discovered she lied about everything and my niece was returned to my brother. What can my brother do so this does not happen again?
2 Answers from Attorneys
Hello. Your brother ought to confer with an attorney so that she/he may assist him and advise him. Of course, full facts of what occurred, and the background information, need to be known. It is best not to post details of the incident on a public website. Your borther is welcome to contact me.
Tricia Dwyer Esq
Phone: 612-296-9666
Tricia Dwyer Esq & Assoc PLLC
Minnesota Child Custody & Parenting Time Law
Minnesota Divorce Law and Post-Divorce Law
Minnesota Child Welfare Law
Minnesota Family Law
Minnesota Criminal Law
There is very little he can do in advance other than, perhaps, seeking a court order that specifically authorizes police to enforce the parenting schedule. WIthout specific language, law enforcement considers such matters civil in nature.
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