Legal Question in Family Law in Minnesota
i will try to make this short...my son & his wife & 2 children lived in MN for the past year & 3 weeks ago she sent him to the store & while he was gone she left with the kids to west virginia by her parent, a week later she told him she was never coming back, refuses to let him even speak to their children, then the following week she snuck to MN in the night while my son was here in WI visiting & trying to de-stress by me & pretty much emptied the house they shared. This week he went back to MN to try to file for divorce & his local police dropped off a protection order she has sent there from west virginia to have no contact with her or their children. It states he now has to go to west virigina for this hearing in august. How can she file an order like this without even being a west virginia resident?? He needs some serious advise...he has tried to file kidnapping charges against her at the local police dept. but they tell him that is not against the law in MN!!! I am at my wits end & my son is scaring me with his stressful phone calls...........help!!
2 Answers from Attorneys
First, he must retain a lawyer in West Virginia to challenge that state's jurisdiction for a restraining order.
Second, he must file an action for divorce and, as part of that proceeding, seek an ex parte - emergency order requiring the other parent to return the children to their home state pending a temporary hearing.
These are complicated issues and he must retain experienced counsel
Maury D. Beaulier
612-240-8005
Hello. Your son is in need of an attorney and the sooner the better. Please direct your son to contact an attorney for personal help right away.
This website provides general information and general principles of law and does not provide private legal advice. 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.
Phone: 612-296-9666
FAMILY LAW
ORDER FOR PROTECTION - HARASSMENT LAW
DOMESTIC ASSAULT LAW
CHILD PROTECTION LAW
CRIMINAL LAW
DIVORCE LAW
SEVEN DAYS UNTIL 8 PM
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