Legal Question in Family Law in Minnesota

My husband recently moved out of our house without telling me and without making arrangements for seeing our 2 boys. I don't know where he is living other than he is renting a room in someones house. He has overdosed and has talked about his depression killing him. I want to keep him away from me and my boys. Can I legally change the locks on my doors? Do I need to file for custody and/or start divorce proceedings. He comes over when he feels like it, usually when I am at work. He sees the boys occasionally in the evening when I am working and sometimes sees them on the weekend for a short time. He doesn't call and talk to them.


Asked on 8/05/12, 11:00 am

1 Answer from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

There is nothing to prevent you from changing the locks which may dissuade entry. However, it should be noted, that there is also nothing illegal about your spouse breaking in. It is stil considered his home until a court order state s the contrary.

To establish a court order regarding parenting time, child support and other significant issues, you must file an action for divorce, legal separation or custody and as part of that proceeding, file a Motion for Temporary relief.

For a consultation call 612.240.8005.

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Answered on 8/05/12, 11:15 am


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