If you plan to seek full custody of your children, you may wish to do so without the other parent knowing. This could be because you’re worried they may harm you or your child, or they may attempt to flee the state or country with your child.
In Minnesota, while notice is generally required for filing for full custody, the state recognizes certain circumstances under which discretion is in the parties’ best interest. An experienced family law attorney can assist you with filing for full child custody and may be able to do so without your child’s other parent knowing until after a judge has granted the motion.
Understanding Legal and Physical Custody in Minnesota
In Minnesota, the two types of child custody are legal and physical. Legal custody refers to a parent’s right to make decisions about their child’s upbringing, while physical custody refers to where the child lives. The courts can grant these types of custody either jointly (to both parents) or solely (to one parent).
Full custody typically refers to one parent seeking sole legal and physical custody of their child. In many cases, Minnesota judges prefer to award joint custody so the child can have a meaningful relationship with both parents. However, they will consider the best interests of the child when determining custody.
Filing Without Notice: Ex Parte Motions
Under normal circumstances, both parents must be notified of any motions to seek child custody. This notification typically comes from a sheriff or other party unrelated to the legal case physically delivering a copy of the petition and summons to the other party.
However, if you believe your child is in immediate danger due to physical abuse, threats of harm, neglect, abandonment, domestic violence, or substance abuse in their other parent’s home, the courts may grant an ex parte motion. This motion will temporarily grant full custody without first notifying the other party and lasts until the court holds a full custody hearing with both parties present.
The Legal Process for Filing for Full Custody
The full legal process for filing for custody in Minnesota includes the following steps:
- First, you must file a custody petition with the district court.
- Second, you must serve the other parent with a copy of your petition and related documents.
- Third, you must attend court hearings where both sides have the opportunity to present evidence and make their case before a judge.
- Finally, you will wait for the judge to issue their custody order based on your child’s best interests and the evidence presented at the hearing.
How Our Family Law Attorneys Can Help
Our family law attorneys can help you seek full custody of your child in Minnesota. We’ll prepare your petition and file it with the court, make sure your child’s other parent is properly served if necessary, and represent you in any court hearings.
We can also assist with filing an ex parte motion so that your child’s other parent doesn’t receive notice of the filing until after a temporary custody order is in place. And if you need help modifying an existing custody order, our lawyers have extensive experience handling that, too.
Contact Our Minnesota Family Law Attorneys
If you are seeking full custody of your child in Minnesota, contact Terzich & Ort, LLP, to speak with an experienced family law attorney about your case. We can file an ex parte motion if you believe your child is in immediate danger, and we’ll work to achieve the best outcome for you and your child in your custody case.
