Legal Question in Family Law in Minnesota
Getting Custody of my Grandson quickly
My grandson has been living with me for almost two years, his parents are separated, the mom has legal custody, while my son had physical custody, they both live at my house now, my son is not around much and into things I would rather not discuss. the mom is going into the airforce and needs to give me legal custody of my grandson. my son can not be involved with this because he will do something stupid. how can she give me custody without spending an arm and a leg for an lawyer. she doesn't have a job, and either does my son. I work but can not afford a lawyer please help.
Thank you
cathy
1 Answer from Attorneys
Re: Getting Custody of my Grandson quickly
Maybe just an ankle.
You need a court order giving you custody. This involves a petition to the family court on your behalf to start a custody proceeding. You need a lawyer for that.
But if your son and daughter in law would agree to sign a stipulation, a court order can be entered by agreement to change legal custody. A short hearing to get the agremeent approved by a judge would probably be required.
The toughest part of this deal might be child support issues. Parents can't just give away their children without setting up child support payments - not usually. Your attorney will have to come up with something that the judge will buy on this issue and still get the signatures of the parents on the agreement. Might not be easy.
But the alternative is petition for custody and fight it out. Sounds as if you would win.
Good luck.
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