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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31914
Experience:  JD, 16 years legal experience including family law
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In the state of Minnesota how old do you have to be to legally

Customer Question

In the state of Minnesota how old do you have to be to legally go to a judge and ask not to go to your biological father when you have been assaulted by him and mentally abused by him
Submitted: 10 months ago.
Category: Family Law
Expert:  Tina replied 10 months ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

Does the mother have primary custody of the minor? How old is the minor? Has child protective services been involved or has the father been charged with any crime?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 10 months ago.

Yes my daughter has custoday... 14 ...they were involved but the judge was in a different county and did not take into consideration doctor, er and sheriffs reports on both of my grandchildren age 14 and 12...they had counseling and no the father was not charged in that county but was given a warning by the county that the children live in.. They have cried out for help and the judge and the police officer were friends of the father. So many people know the truth and can not believe they have to be still around him...

Expert:  Tina replied 10 months ago.
I see. Thank you for providing this additional information, Sheryl. Unfortunately, I hear about situations where the judge shows bias in favor of one of the parents frequently and that is difficult to fight.

There is no specific age wherein a child can testify in court or choose which parent to live with typically. A court can take into account a child's wishes if the court judges the child to be of sufficient maturity, but it is often best to have third party documentation or testimony which sets out the best interests of the child.

Here is a link which provides the factors courts can typically consider in determining the best interests of the child when deciding whether to award custody/visitation to a parent under MN law:

https://www.revisor.mn.gov/statutes/?id=518.17

A third party professional can include a therapist, a school counselor, a guardian ad litem (GAL), or even official from child protective services (CPS).

The child could call CPS and make a complaint about the abuse involve while with the father. If CPS determines there are grounds to limit the father's visitation rights, they could aid the mother in gaining sole custody and limited or no visitation by the father.

Another option is for the mother to request that a GAL be appointed to assess the best interests of the child. A GAL is usually a specialy trained attorney who will interview the child and other interested parties and make a recommendation to the court. If the GAL recommends that the father's rights be limited, that would typically aid in a modification of the father's visitation rights as well.

Given that there appears to be a biased judge involved, it would normally be best to have the strongest case possible by providing evidence from CPS, a GAL, and a therapist who has treated the child as well. If the court were to rule against the mother after being presented with such persuasive evidence, then there would be good grounds to appeal the decision if that becomes necessary.

I can't lie to you, it is an uphill battle when dealing with a biased court unfortunately, but the more evidence which can be presented to show that the father is abusive, the more likely the court will be to rule in the mother's favor despite their possible bias.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Customer: replied 10 months ago.

What does GAL stand for and where do you find a number for that.


Already had counselor and CPS involved but the kids feel everyone has let them down. My grandson had his shoulder torn and had physical therapy and a sheriff testified on his behalf as well as a doctor and it wasn't enough... He was dragged down stairs and choked with marks on his neck from that just a month ago him and his sister were locked out of the home in another town for over 2 hours and they called the police and he was the fathers friend and he did nothing;;;

Expert:  Tina replied 10 months ago.
Hello again, Sheryl.

A GAL is a guardian ad litem as I indicated above. The mother would typically need to file a motion requesting that a GAL be appointed by the court to assess the best interests of the child.

Given the new facts you have provided though, I have serious doubts whether a GAL could help since there was already ample evidence provided to the court to limit the father's visitation.

If a sheriff and doctor were not good enough for the court, that suggests serious bias against the mother.

The mother could request that the court recuse itself from the case or even file a complaint against the judge, but she may also wish to appeal the judge's ruling if it was just handed down.

Here is a link which provides information on filing a complaint against a judge:

http://www.lawhelpmn.org/resource/removal-of-judges-and-complaints-against-judg
Customer: replied 10 months ago.

I really wanted to know if he can go to a judge in the county and ask if he can not have to go to the bio logical fathers place is there not an age where they can do this.....

Expert:  Tina replied 10 months ago.
No, that is not possible typically, Sheryl. I wish it were, but that is why I was providing you with all possible options.

I'm truly disheartened to see that you rated my assistance to you negatively instead of using the reply button to let me know what additional information you may be seeking from me. I strive to provide every customer with excellent service. If you don't believe I provided information you were seeking, please use the reply button to respond to me rather than rating my service negatively. Thank you.
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31914
Experience: JD, 16 years legal experience including family law
Tina and 8 other Family Law Specialists are ready to help you
Expert:  Tina replied 10 months ago.

Thank you very much for your positive rating of my service, Sheryl. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise. I noticed that you provide just an "OK" rating which was not my goal. Please let me know whether there is additional information you were seeking which I could provide and increase your level of satisfaction.


If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you and your family.

Tina


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