Legal Question in Family Law in Minnesota

My ex and I were engaged for about 8 years. We have A 6 year old together. My ex and I were not living together but shared parenting responsibilities equally (I had my daughter from morning until night 7 am to 8 or 10 pm depending when my ex got off work and then she picked her up . When my ex left she moved an hour and a half away from her previous home leaving our daughter behind to live with her parents. I then began sharing the parenting responsibilities with her parents as her mother was no longer in the picture and refused to allow my daughter to live with me after speaking to her about this several times. As I had no legal rights because we are not married I could not take my daughter. over a period of 4 months my ex's parents slowly began not allowing me to see my daughter. then my ex took her out of her preschool a month early and moved her up to a place where my daughter knew NO ONE and she did not let me know where my daughter was living nor allowed me any contact with my daughter. After coming up with the money and basic knowledge of the family court system i filed a motion. There is a temporary order issued allowing me to see my daughter every other weekend. The final hearing is in May. I have my daughters preschool records indicating that she in fact lived where she did and her mother left her there for 5 to 6 months. I have no legal custody but I have those records in which I obtained when we were together and sharing the responsibilities. can I use these to prove this? also my parents are willing to testify that I indeed was jades primary caretaker. I also have friends and other family who would be willing to testify. It has been a few years so I dont know if her teacher would remember me? My ex is lying in a lot of her statements claiming i had nothing to do with my daughter and her parents and sister baby sat my daughter all those years, she will not participate any further in mediation, and is continuing to alienate me daily telling my daughter I could have came to see her this whole time but i didnt want to because i dont love her and saying other personal things to and in front of her as well as her parents do to (even they are afraid to say or do anything wrong in fear that my ex will deny them seeing my daughter, my ex's father told me, my mother and my fiance this)... I am planning on getting a lawyer in February when I can afford one. help? I am currently asking every weekend to 3 weekends a month and one week to 2 weeks rotating in the summer plus holidays rotating. I would like to go for full custody or the most amount of time possible as I feel my ex does not have my daughters best intentions in mind... I know I am a very good father and I have not and do not intend on alienating her mother as she has done to me. My daughter loves us both and this is a very painful process.


Asked on 1/24/12, 12:25 pm

1 Answer from Attorneys

Most of the facts that you provide will certainly assist you in the custody proceeding. Yes, you will be able to admit evidence relating to who was the primary care giver. Obviously, the mother has her side of the story too, and I guessing it will differ from yours. You really do not ask any specific questions, so it seems you are looking for some one to tell you how solid your case is. Unfortunately, you are not going to be able to get a concrete answer on how successful you likely to be in this forum.

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Answered on 1/26/12, 10:58 am


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