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Minnesota Post-Dissolution Custody - Visitation Questionnaire

State:
Minnesota
Control #:
MN-8674D
Format:
Word; 
Rich Text
Instant download

Description

Form for client to fill out regarding information for change in custody/visitation.

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FAQ

Once you establish legal paternity, the mother cannot move away with the child over the father's objection without leave of court. However, if you do not establish paternity, the mother can move away or deny visitation rights, regardless of the father's objections.

The court can modify a custody order if (1) the child is at least 12 years of age and expresses a preference of which parent he or she prefers to live with in chambers to the court, and (2) it is in the best interest of the child.

In the state of Minnesota, there is no set age where a child can choose which parent to live with, so it is generally left to the parents and the courts, if needed and the older the child, the more weight this opinion (or preference) carries.

The parents of the child in question have the legal right to deny any grandparent visitation rights.Third parties would include grandparents. However, some states allow grandparents to request visitation rights if the nuclear family has been disrupted in some way, such as in cases involving divorce.

Can a child choose not to visit a parent? The mere age of your child will not determine your family law matter. There have been cases before the Court where a 17 year old child's wishes were given limited weight because the basis for this child's decision was not balanced.

In cases where parents can't agree, a judge will decide visitation and custody based on the child's best interests.Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.

In order to be afforded their parental rights, unmarried fathers must establish paternity through a recognition of parentage or court order.The Minnesota Department of Human Services points out that taking this step legally recognizes a man as a child's father and affords him the right to seek custody and visitation.

There's no specific age when a child is old enough to have a custodial preference, but it's somewhat rare for a court to consider the opinion of a child less than seven years old. It's not unusual for an eight-year-old child to have an opinion that impacts the custody decision.

Unfit parent- You are seen as unfit if your behavior shows that you can't or won't take care of the children's physical, emotional, and mental health.

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Minnesota Post-Dissolution Custody - Visitation Questionnaire