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mkc1959
mkc1959, Family Law Attorney
Category: Family Law
Satisfied Customers: 519
Experience:  Practicing attorney with 26 years of experience.
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My child was born in Texas and his father moved to minnesota

Customer Question

My child was born in Texas and his father moved to minnesota without my permission.My son came to live with me last year because he was unhappy and didnt want to live with his dad. My son called me at 11 oclock at night from his sisters phone crying he wanted to come home but dad said no. His older daughter also lives with him and she said that she knew that my son wanted to come back home but dad told him he wouldnt beable to come back to minnesota. I was told by a lawyer that his legal residence is with the parent that he resides with for 6 months is considered his residence. He has been on summer vacation since June. The father filed custody papers and I was given a 4 day notice to appear for a conference in minnesota over this matter. Is this legal. What are my options since there has never been any court orders in place?
Submitted: 2 years ago.
Category: Family Law
Expert:  mkc1959 replied 2 years ago.

mkc1959 : You will need to get a custody action filed in Texas and assert that Minnesota does not have jurisdiction.
mkc1959 : You will need an attorney to help you get this done in a timely manner.
mkc1959 : The school records will show where your son has resided.
Customer :

The father is seeking physical and sole custody.What does that mean ? what rights does that give me?

mkc1959 : If physical and sole custody is granted, then you would only be left with visitation rights. Plus the court would order you to pay child support.

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