Legal Question in Family Law in Minnesota

Re: Counter Petitions ?

Generally, a party will serve and file a Counterpetition with their strongest position stated in that document. It privides bargaining position.

Moreover, as discovery is performed in a case, it may be determined that there is a viable issue to be litigated. Additionally, being absent for 8 months certainly does not preclude a party from seeking custody or parenting time regardless of the circumstances. Custody determinations are made based on a myriad of factors where past parenting time is just one factor among many.

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