Legal Question in Family Law in Minnesota

change of custody

Hello, The child in question is my step daughter. She is 9 years old and my husband has joint custody. However, the child was living with Grandma and mom for the past year. Mom has since moved out (2 different homes in 2 months) and the child has been with us 23 days per month and with the grandmother the remainder. She has not seen her mom or visited her mom in 2 months. My husband pays child support to the mother but it's not being spent on the child because she is with us or her grandmother. What rights does my husband have and where do we go from here. The child wants to live with us permanently but we do not have physical custody. This is not my fight I understand, I am trying to gather info so we can make a change quickly. Please help!

Asked on 2/13/09, 5:44 pm

2 Answers from Attorneys

Nathan Hansen Nathan M. Hansen, Attorney at Law

Re: change of custody

Those facts appear to constitute a significant enough change in circumstances to bring a motion to modify custody and support.

Your remedy is to bring such a motion.

Feel free to contact my office or reply to this email to discuss this.

Nathan M. Hansen

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Answered on 2/13/09, 5:48 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: change of custody

To change custody requires demonstrating that the child is endangered physically,emotionally and developmentally. You certainly seem to have a basis for such a motion. It is more than a simple change in circumstance that is required.

For Minnesota issues visit divorce or call 612.240.8005.

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Answered on 2/13/09, 10:59 pm

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