Q: Custody battle and financial constraints after father filed for full custody in MN.

A: If you are unable to obtain legal representation through Mid-Minnesota Legal Aid you may want to need-based attorney's fees. They are awarded if there is a substantial disparity in the parties' incomes and the Court finds that one party has the means to pay the other party's attorney's fees. My best to you and your family. Rob Kane Eagan Minnesota Family Law Attorney.

A: You must respond to the custody petition within the 20-day deadline or risk the court granting his request by default. Do not ignore the paperwork, even if you feel overwhelmed. You can draft a written response—called an Answer and Counterpetition—where you deny his claim for full custody and assert your position that continuing your custody is in the children’s best interests. Be clear, factual, and include details about your current stability, living conditions, and care for the children.

Since you’re facing financial hardship, you can ask the court for a fee waiver when filing your response. Most Minnesota courts offer an “In Forma Pauperis” form, which lets you proceed without paying court fees if you qualify. You can also request a court-appointed attorney or seek help from local legal aid organizations—some of which assist parents in family law matters like this. Even without an attorney, your voice matters, and the judge will consider the full context, not just who has legal representation.

Emphasize that the children have primarily been in your care and that your temporary homelessness never changed your legal rights. Provide proof of your current housing, job, and any support systems you’ve built. If he’s using the legal system to avoid paying child support, that’s not in the best interests of the children, and the court will take that into account. Stand firm, respond on time, and show that your priority is your children's well-being. You have more strength and standing than you think.