Legal Question in Criminal Law in Minnesota

fraudulently claiming that one is parent/custodian of a minor

My exhusband and I share joint legal/phys custody. I have a problem with his wife continually interfering with my parenting and impersonating herself as the mother of my children. I have been trying to resolve this issue since 1999. Eventually I was able to address this issue in family court (after she slashed my tires) and the following was ordered: ''(name) shall make no decisions regarding the children of the parties relative to access schedules or any other matter. All such decisions shall be made directly between the parties.� less than one year later she auth. (signed the medical forms) for orthodonture work to be done on one of my children. Last week she took one of the children to a doctor for a flu shot. This was not the child�s regular Dr., the regular Dr. knows me. No one questions her actions; they assume that she is the mother because she shares the same last name as my children. Tomorrow I will go pick-up the authorizations that she fraudulently signed at the medical facilities. I want to bring them to the local police station; I want her arrested, but the local police do not usually get involved in family disputes. What are my legal rights? How can the law help me put an end to this behavior?


Asked on 11/17/03, 11:41 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: fraudulently claiming that one is parent/custodian of a minor

Briefly, it is up to the local police and other law enforcement authorities to decide whether a crime has occurred given the facts known to them, and if so whether it is the best use of their resources to prosecute. You can ask the police for help and ask them to investigate and recommend prosecution. In the end, it's their call.

You can always look into making a civil (non-criminal) claim against a person yourself, best done with the help of a lawyer representing you. In the situation you describe, a family law lawyer would likely be in the best position to offer wise counsel and strong advocacy for you.

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Answered on 11/18/03, 5:43 pm


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