Legal Question in Family Law in Minnesota

My daughter is now 4 years old. i left my ex with my daughter after she turned 1 years old because he has been physically and mentally abusive, before and after my daughter was born. He comes pick her up whenever he wants to. I am afraid of this man and I want him to stop coming to pick up my daughter because her health is my biggest concern and I just want her here with my instead of worrying what can happen when she's not. He signed the ROP. Can I legally stop him from coming to see her?


Asked on 10/02/12, 12:00 pm

1 Answer from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

If you were not married to the father when the child was born, and no court order has entered specifying parental rights, the mother, bey default is the custodial parent and, as a result, is the only person with enforceable rights. Som yes you can terminate parenting time legally. That does not mean it is a good idea. That will depend on many things including your particular concerns about the child's care and the nature and extent of parenting time up to this point.

The bottom line is that Courts make custody determinations based on what the court believes is in the child's best interests. In most cases, the court will award primary physical custody to one parent while the other will have a parenting schedule. The court will consider any relevant facts in making a custody determination including 13 specific factors outlined in Minnesota Statutes. Your case should be carefully framed to address each of the relevant statutory factors to be effective. In the case you describe, the father has apparently had parental contact with the child for some time. If you unilaterally cut off all contact the other parent may claim that you are attempting to alienate the child and seek primary custody based on that alienation.

The issues are complex and you should consult with legal counsel.

For a consultation call 612.240.8005.

Read more
Answered on 10/02/12, 1:52 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Minnesota