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Divorce, Family and Custody Cases Family law deals with family-related issues like marriage, spousal abuse, child custody, visitation, and child support.
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Old 11-22-2005
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Default Family Court - Custody URGENT

Here is the run down of a case I need advice about

8 years ago my sister had custody of her children taken from her by our father and his wife. She was pregnant at the time with another child and still has that child today 8 yrs later along with 2 more children born since then.

My father's wife worked for the county which my sisters kids were taken from her. This woman lied about many things and over exaduration several others. My sister was not completely innocent so do not get me wrong, there were things that needed to be helped but no enough to loose the children.

My father and his wife denied all contact with the children and my sister and her husband for 6 1/2 years. It was not until 1 1/2 years ago that they began seeing eachother again. My sister and her husband went to court on several occassions to get a scheduled visitation and were slap in the face everytime by my fathers wife claiming things which were not true. Just to let you know the reason I know these things were not true is because I was around my sister for a large portion of the time while my father and his wife had no contact.

Anyways, my sister began seeing the children again 1 1/2 years ago and the visits went very well. I was at all of them and the children after a few months started to warm up to her and her husband very well. Just to enlighten everyone, there were 3 children that were talken away 8 years ago and since then my sister and her husband have had 3 more for a total of 6 kids. The youngest six are very happy, healthy and very intelligent so obviously she did something right. During that first 6 1/2 yr span of not seeing the oldest 3 children the youngest 3 only saw their siblings about a hand full of times via our biological mother bring them for visits to my fathers home or a place like McDonalds.

Now about 2 months ago our father was arrested for producing child pornography in the basement of his home. The children were removed from the home and placed in temporary foster care. A week later the courts gave the children back to his wife who by the way is not a blood relative. My sister was no notified until this occurred that there was anything going on with him or her children. She has pleaded with the court since then to not allow the children to reside with this woman and has been denied because they saw no reason to keep the children from her as she did not pose an immediate threat to the children. My father is in prison awaiting sentancing which will be a minimum of 25 years in the state pen. Just to inform, yes 2 of the children involved in that child porn were 2 of the 3 kids he and his wife took custody of.

We have just been infomred by an inside sourse that this woman has already emptied my fathers bank accounts, sold his SUV and is selling the house. She is planning to leave with the children. She refuses to allow my sister and her family to see or speak to the children and does not plan to let then know where she is going.

Now for my question:

What legal route can my sister take to ensure the knowledge of the whereabouts of her children? She still has parental rights, they were not reliquished at any point in time. By opeing a custody case, can that stop this woman from leaving with the children? Since this woman has also not allowed any other blood relative contact with the children, has she violated any laws? Is this family good candidates for PAS = Parental Alianation Syndrom? By her alianating all blood relatives, does this make her look bad to the courts and does this give my sister and upper hand for once? What are the chances of my sister winning back custody if she can prove that anything from the past has since been rectified? She can prove that by the youngest 3 children for sure as well as witnesses to her and her husbands parenting skills. Does she have to prove this other woman is unfit or can she just get the previous order recinded since the happendings with our father?

If any legal person can help with this situation by giving sounds advice it would be greatly appreciated. We are located in Minnesota so anyone with a knowledge of Minnesota law would be a greater help. Support groups or organizations that anyone knows about that helps parents in these types of situations would be very helpful as well. They need as much help as ever right now. Not just for themselves but for the 6 kids involved in this mess. Siblings should never have to be separated especially unjustly and the entire blood family should not be removed from the lives of these children.

Thank you ahead of time for your help.
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