In the law of mn is there a possible way I can lose custody of my kids if the ex tell the judge that I'm a unfit mother and proven that I am not?
3 Answers from Attorneys
If you are not an unfit mother, you cannot lose custody of your children. Your ex could try to establish his own custody and/or parenting time rights. Obviously, if your ex gained some parenting time you would lose that time, but otherwise custody could not just be "taken" from you.
Hello. A judge would make a determination of custody based upon what is in the best interest of the children, which, of course, includes a consideration of whether a parent is deemed fit or unfit. You should confer privately with an attorney for your personal issues and needs. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.
Tricia Dwyer, Esq.
CHILD CUSTODY & PARENTING TIME LAW
CHILD SUPPORT LAW
CHILD WELFARE LAW
PARENTING TIME EXPEDITOR
FAMILY LAW MEDIATOR
First, a Court may change custody once it has been determined if there is a finding that he child is endangered in the current custodial situation physically, emotionally or developmentally and the benefit of the change outweighs any harm that would be caused by the change. In that setting, the moving party has the burden of proving their case.
Often, the result of the proceeding may depend on how well you argue and support your case in the context of the statute. You should always have experienced legal counsel. For a consultation cal 612-240-8005.