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May I Kick My Spouse out of the House and Change the Locks in Minnesota?
I am often asked whether it is permissible to kick one’s spouse out of the house and change the locks. The short answer is: NO. Furthermore,
The only way to force a spouse out of the house where he or she resides is to get a Court Order. If you or your child has been the victim of domestic abuse by your spouse, you can get an Order for Protection immediately, which will bar your spouse from the house. Otherwise, absent an agreement, the soonest you’ll get an order for exclusive occupancy of the home would be with the issuance of an Order for Temporary Relief, which usually takes anywhere from about one to five months to obtain, depending on the county, the judge, and the speed of your attorney. * THE INFORMATION IN THIS ARTICLE IS NOT ADVICE FOR YOUR PARTICULAR CASE. ALSO, THIS INFORMATION APPLIES ONLY TO MINNESOTA LAW, AND NOT TO THE LAW OF ANY OTHER STATE OR COUNTRY.
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May I Kick My Spouse out of the House and Change the Locks...
When custody is in dispute, a Minnesota court issues a custody order that is in the "best interests of the child." Joint custody will only be awarded if parents have shown the court that they are willing and able to cooperate. A court also examines several factors with the child's welfare in mind. They include (1) the child's preference, (2) each parent's health, (3) the child's health and whether any special needs exist, (4) each parent's relationship with the child, (5) which parent has been the child's primary caretaker, (6) each parent's ability to provide a stable environment for the child, (7) any history of domestic violence or child abuse and (8) any allegations of abuse.
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Your Right to Child Custody, Visitation & Support Cover Price: $ Your Price: $17.95 You Save: $7.00 "A Plain English Guide to Protecting Your Children" Author: Mary L. Boland, Attorney at Law
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