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Eric Carlisle Nelson's Answers
Contributor Level 13
- 100 Legal Answers
- 66 Legal Guides
4
Attorney answers:
If Ex-Remarries... and she decides to decrease her income because of his... does that raise my % if 50/50 custody?
With very limited exceptions, the Court won't normally let a person get away with voluntarily reducing his or her income. That is what the Court calls willful underemployment. In such circumstances, the Court will normally impute "potential income" to that person at the level he or she was at before voluntarily reducing his or her income. See Minnesota Statute section 518A.32. (https://www.revisor.mn.gov/statutes/?id=518A.32).
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2
Attorney answers:
With shared custody, can I make a healthcare choice without approval of my son's father?
If you and your ex share "joint legal custody," then all "major decisions" pertaining to your son must be made jointly with your ex, and any disputes must be submitted to the Court (or first to Alternative Dispute Resolution, if that is indicated in your divorce decree or custody order). Such disputes are then decided according to a "best interests of the child" standard. While routine medical care is not a "major decision," the choice of medical care providers and the choice of a course of...
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2
Attorney answers:
I live in MN. I have sole physical and legal custody of our daughter. Her father lives in NE. I would like to move to SD, I want
Pursuant to Minnesota Statute section 518.175, Subd. 3(a), you must get the agreement of the other parent, or the Court's approval, in order to move the child's residence to another state. However, if the proposed move wouldn't impact the father's parenting time --- given that he only sees the child once per month in a supervised visit, and presumably would be able to continue with that despite the move) --- the Court's permission should not be hard to obtain even if the father opposes the...
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2
Attorney answers:
Currently my fiance has primary custody over his son. The mother is unfit & right now only has weekends. Our concern is that God
The short answer is "no." That said, if his preference is for you to have custody of the children in the event of his death, he should indicate that in his will. That way, if he should die, there would be no question about what his preference was. You would then be in a good position to bring a motion requesting custody of the children. Because you're not legally the children's mother, this will not be an easy motion, but if the mother is truly unfit as you indicate, and you have lived with...
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3
Attorney answers:
Can the mother of my child change my sons last name to her new married name. My son has her maiden name. She has sole physical.
A parent has the right to apply for a name change on behalf of his or her minor child, pursuant to Minnesota Statute section 259.10, Subdivision 1. However, this is not normally granted over the objection of the other parent. The Minnesota Supreme Court has held that: ". . . judicial discretion in ordering a change of a minor's surname against the objection of one parent should be exercised with great caution and only where the evidence is clear and compelling that the substantial welfare of...
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3
Attorney answers:
If i owe back child support but have the child full custody now and the other half isnt paying anything. can i get it dropped?
Whether you're talking about child support or custody or parenting time, the court order is what gets enforced. If the court order says that your ex has primary physical custody, but you've had the child in your care for over a year, you have a very good argument to modify custody. But until a court orders a change, the custodial parent is within her rights to have the existing custody order enforced. If your son has been living with you for over a year with his mother's consent,...
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1
Attorney answers:
How can I terminate my daughter's biological father's rights?
Rather than trying to terminate parental rights and later pursuing adoption, a better approach would be to wait until you're married and then pursue this as a step-parent adoption (which would have the effect of terminating the biological father's parental rights). I recommend that you re-post this question in the adoption forum.
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3
Attorney answers:
Am I able to request supervised visitations after my children's mother gets a DUI?
Steps must certainly be taken to protect your daughters from neglect and endangerment. Supervised visitation is an extreme remedy, but is probably an appropriate starting point in this case, while the mother undergoes treatment for alcohol abuse and establishes a reliable history of sobriety.
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3
Attorney answers:
What is the difference between a separation agreement and a legal separation?
A "separation agreement" is an agreement setting forth the terms of settlement of a couple's legal separation case. It is not legally binding and enforceable until it is approved and entered by the Court as a decree of legal separation. Here is an article I've written on the subject of legal separations in Minnesota: http://www.minnesotadivorce.com/articles/legal-separation/index.html
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2
Attorney answers:
How do I force my adult son out of my home?
Use the eviction process. See Minnesota Statutes Chapter 504B.
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