Legal Question in Family Law in Minnesota

my husband took our son out of state without my knowledge when I was at work. He will not tell me when he plans on returning him, only says that he is on an extended vacation. I have filed for divorce and temp relief of custody pending trail....what should i be doing in insure that I obtain my son back at home while the divorce proceeds


Asked on 12/27/09, 9:36 am

1 Answer from Attorneys

John Jesperson Minnesota Lawyers - Jesperson Law Offices

What you should do depends on many other facts, and if you are already represented by an attorney, you should ask your attorney about this matter.

Assuming for the time being that you do not have an attorney, you must be aware this could be a very serious problem. As a general matter, the longer this circumstance remains unresolved, the more difficult it will be for you to correct the problem. You indicate that you have "filed for temp relief." I assume from this that you have filed a motion with the court. If so, you should be sure that your motion is well supported with a competent and persuasive affidavit, among other things. Merely filing a motion does not guarantee anything. The question is, what are the facts surrounding this issue, and is your motion well conceived and supported? How close are you to trial? Where did your husband take the child, across the river to Wisconsin, or across the country?

If you do not have a lawyer representing you on this matter and are attempting to proceed on your own ("pro se"), you should consider hiring a lawyer, since the "pro se" forms supplied by the county are often worthless for anything but the most rudimentary matters. Moreover, if your motion is not well put together, you run the risk of jeopardizing your case in the long term.

You can call my office if you have further questions -- 952.285.2944. If you have an attorney, however, you should get these questions answered by him or her. Good luck.

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Answered on 1/05/10, 2:44 pm


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