What are my chances of full custody?: I am not legally married to my children's father (we got married but did not get a certificate)
Dennis’s answer:
To fully determine the answer to your question you would need to provide significant more information concerning your present situation.
A Minnesota Court will make a determination on custody based upon 13 factors. Those factors include:
1. the wishes of the child's parent or parents as to custody;
2. the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference;
3. the child's primary caretaker;
4. the intimacy of the relationship between each parent and the child;
5. the interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child's best interests;
6. the child's adjustment to home, school, and community;
7. the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
8. the permanence, as a family unit, of the existing or proposed custodial home;
9. the mental and physical health of all individuals involved; except that a disability, as defined in section 363.01, of a proposed custodian or the child shall not be determinative of the custody of the child, unless the proposed custodial arrangement is not in the best interest of the child;
10. the capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any;
11. the child's cultural background;
12. the effect on the child of the actions of an abuser, if related to domestic abuse, as defined in section 518B.01, that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent; and
13. except in cases in which a finding of domestic abuse as defined in section 518B.01 has been made, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.
I hope this information is helpful! Good luck!
This answer does not constitute legal advice. Further this answer does not create an attorney-client relationship or an ongoing obligation to answer this question.
What is the proper grantor clause to use on a quit claim deed when adding a spouse to a title?:
I am recently married and would like to add my spouses name to the title for our home in Minnesota. I have downloaded the proper form from the Department of Commerce ( http://www.commerce.state.mn.us/UCB/10.3.1.pdf ). It asks for the name and marital status of both the grantor and grantees.
I believe the grantee space is to say "John Quincy Doe and Jane Ann Doe, husband and wife", but I am unsure what to put in the grantor space. Is it just "John Quincy Doe, a married person"?
If it matters, I am formerly divorced and now remarried. I did file a quit claim from my ex-spouse when I was divorced. The title currently has only my name on it.
Dennis’s answer:
In the grantor space you need to insert "John Quincy Doe and Jane Ann Doe, husband and wife". Be sure that the notary space mirrors the grantor statement.
In the grantee space you need to insert "John Quincy Doe and Jane Ann Doe", Your marital status is unneeded in the grantee space.
You need to determine whether you and your wife are to receive the property as joint tenants or tenants in common. The deed you have a link to is a deed for tenants in common meaning that the property will not pass automatically between you if one of you should die.
I hope this informaion is helpful.
Please be advised that this answer does not create an attorney-client relationship or an ongoing obligation to answer this question.
I have a person who borrowed several thousand dollars from me, signed an agreement to repay me, but now refuses to.: Person used several of my credit cards, some without my knowledge.Signed an agreement to repay, now refuses.
Dennis’s answer:
If the amount is $7,500.00 or less you should bring a conciliation court action against this person in the county they reside to obtain a judgment. I have attached a link to the Minnesota Judicial Website to download a conciliation court statement of claim.
If the amount is greater than $7,500.00 an action must be brought in District Court in either the county you live or the county this person lives.
Finally, if this person did not have authorization to charge your credit cards I suggest you contact your local law enforcement to file a complaint against this person.
Good luck!
This answer does not create an attorney-client relationship or an ongoing obligation to answer this question. This answer doe snot constitute legal advice as each matter is unique and an attorney should be consulted concerning your legal rights.