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I have two special needs girls. I need to get an emergency parenting modification. HELP? I make to much for Legal Aid.

Apple Valley, MN |

I have two special needs girls that I have full custody of and in May of 2011 we moved out of the County that the custody order took place and I now reside in Dakota County. 7 months ago I noticed things slowly changing and I stopped receiving child support, but things are getting worse and have even had to get law involved. The last few times the girls have been at their fathers place of residence they are not returned as scheduled. There has been violence at dad's that they have witnessed, and these issues have had a significant adverse effect on them, emotionally, physically, mentally, and educationally. My youngest has nightmares of her grandpa being violent to the family members who reside in the home, and since their dad lives with his parents it makes it difficult to protect them.

I am requesting some one to please help me find a way to help me protect my children's well being, as well as, protecting myself, legally. I make to much for help from Legal Aid, but barely enough to scrape by each month. I have even gone to the lengths of getting a temporary OFP until I can get into court, for an emergency parenting modification, because that is going to take 3-4 months.

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Attorney answers 2

Posted

In order to change an existing custody or parenting time order, you can either make an agreement with your ex, or you will need to bring a motion before the court. If you go before the court, you will need to establish why it is in the best interests of your daughters to modify custody or the parenting schedule. If the children are exposed to a violent environment, that is one factor the court will consider. Not being returned on time, depending on how consistently late they are being returned, will likely not be a determinative factors to the court. However, there are a number of factors that court will consider. These are very complex motions with a lot at stake, and I strongly suggest you find a way to hire a lawyer.

Nothing in this response constitutes legal advice. Doyle Hance, LLC does not represent you nor has Doyle Hance, LLC entered into an attorney-client relationship with you.

Posted

You've got a couple of options. You may first want to check this link and find a local agency that serves Dakota county:

http://www.mcbw.org/node/1

They can collect your information and suggest an action plan that will protect you and your children as well as get you into contact with whatever state agency and/or legal services you may need.

www.majeskilaw.com

Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

Asker

Posted

I did contact the website you sent me and I am just waiting on a response You mentioned that I have a couple options??? Please go on and elaborate!

Matthew Thomas Majeski

Matthew Thomas Majeski

Posted

Consult with the group you contacted first. If appropriate, you may get an OFP. You probably are also going to want to get the county child support office involved to assist you with collections.

Asker

Posted

My biggest issue is that I have gone to every length to do the right thing legally to protect my girls. I was denied an OFP because because the violence that the girls are subjected to is not happening to them. The abuse/neglect that they are dealing with when at their fathers place of residence is mental, emotional, and neglectful, so I was told that there is no way for me to protect them without taking a chance of being held in contempt of court, and if that were to happen how would I be able to protect my girls? I feel like the legal system is making it very difficult for me as a mother to protect the well being of my children!

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