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Responsive Notice Of Motion And Motion For Temporary Relief With Children Form. This is a Minnesota form and can be use in District Court Statewide.
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DIV1102 State ENG Rev 10/17www.mncourts.gov/formsPage 1 of 6State of Minnesota District Court County of: Select County Judicial District: Court File Number: Case Type: Dissolution with Children Name of Petitioner (first, middle, last) Name of Respondent (first, middle, last)andIn Re the Marriage of:Responsive Notice of Motion And Motion For Temporary Relief With ChildrenTo: Petitioner Respondent First Middle Last Address Apt. No. City County State Zip CodeNOTICE PLEASE TAKE NOTICE that on the day of Select Month , at o'clock .m. before in Room (name of judge/judicial officer) of the located in, Minnesota.I will ask the Court for an Order granting the following relief:1. The Court should order the other party and me to use mediation to help us reach an agreement: Yes No2. "Legal custody" identifies which parent will have a right to make decisions regarding the medical, educational, and religious upbringing of the children. Temporary legal custody of the children should be granted : (check one) a. Jointly to me and the other party b. Solely to (check one): me the other party American LegalNet, Inc. www.FormsWorkFlow.com DIV1102 State ENG Rev 10/17www.mncourts.gov/formsPage 2 of 63. "Physical custody" identifies with whom the children will live. Temporary physical custody of the children should be granted: (check only "a" or "b") a. Jointly to me and the other party, with the children living with me at the following times and the children living with the other party at the following times: b. Solely to (check one): me the other party4. Parenting time between the minor children and (check one): me the other party should be: supervised unsupervisedand scheduled as follows:a. Weekends: b. Week nights or after school: c. Holidays: d. Summers: e. Telephone Contact: f. Other: 5. Temporary child support should be paid as follows: (check one) The other party should pay to meper month for temporary support of the a. b.minor children. The payments should be automatically withheld from the other party222s wages or salary and paid to me according to Minn. Stat. 247518A.53. I should pay the other partyper month for temporary support of theminor children. The payments should be automatically withheld from my wages or salary and paid to the other party according to Minn. Stat. 247518A.53. American LegalNet, Inc. www.FormsWorkFlow.com DIV1102 State ENG Rev 10/17www.mncourts.gov/formsPage 3 of 66. Temporary maintenance (alimony) should be granted as follows: (check one) a. Temporary maintenance should not be granted either to me or the other party. b. The Court should decide temporary maintenance later. c. The other party should pay to me per month for temporary a. The Court should require me and the other party to each pay our own attorney's fees b. The Court should require the other party to pay me towards my c. The Court should decide attorney's fees later.7. Attorney's fees should be awarded as follows: (check one) and expenses if we have any. attorney's fees and expenses.maintenance. The payment should be automatically withheld from the other party's wages or salary and paid to me according to Minn. Stat. 247518A.53 8. The other party should go to an evaluation or to counseling. Yes No9. Until the final decree is ordered (check one): a. I should have sole use and possession of the home located at in the city of in the state of , and (check one) I the other partyshould pay the mortgage and other expenses for the home. b. The other party should have sole use and possession of the home located at in the city of in the state of , and (check one) I the other partyshould pay the mortgage and other expenses for the home. c. The other party and I should share the use and possession of the home located at in the city of in the state of .The mortgage and other expenses for the home should be paid as follows. Expense Who Should Pay d. The other party and I should share the use and possession of the home located at in the city of in the state of .The mortgage and other expenses for the home should be paid as follows. American LegalNet, Inc. www.FormsWorkFlow.com DIV1102 State ENG Rev 10/17www.mncourts.gov/formsPage 4 of 6 Expense Who Should Pay 10. Until the final decree is ordered (check one): a. The other party and I should have temporary use and possession of the personal belongings, household goods, and furnishings that each of us now has in possession. b. The Court should give me temporary sole use and possession of the following personalbelongings, household goods, and furnishings (list the items you want). c. The Court should give the other party temporary sole use and possession of the following personal belongings, household goods, and furnishings (list the items they want). 11. Check one a. Until the final decree is ordered, temporary use and possession of the vehicle(s) shouldbe divided, and the vehicle loan(s) and insurance should be paid, as follows: Year Make Model Awarded to whom Who pays vehicle loan/insurance b. We do not own any vehicles. American LegalNet, Inc. www.FormsWorkFlow.com DIV1102 State ENG Rev 10/17www.mncourts.gov/formsPage 5 of 612. Check one a. Until the final decree is ordered, our debts should be paid as follows: Creditor (to whom the money is owed) Total Balance Owed Monthly Amount Due Who Should Pay b. We do not have any debts.13. The Court should allow me to change certain medical, dental, automobile, or life insurance policies: Yes No14. The other party should reinstate insurance: Yes No15. The Court should order the other party to immediately notify me of any salary or wage increase, bonuses or other extra income. Yes No16. The Court should order that the other party shall not spend or otherwise use income raises, income tax refunds, bonuses, or other extra income: Yes No17. Restrain both parties from transferring, encumbering, concealing or disposing of property, including any tax refunds, except in the usual course of business or for the necessities of life, except as to any future earned income, except as the parties with their attorneys may mutually agree in writing.18. The Court should allow me to sell or otherwise get rid of other property: Yes No19. Restrain both parties from harassing, vilifying, mistreating, molesting, disturbing the peace, or restraining the liberty of the other party of the child(ren) of the parties.20. The Court should grant the additional relief: Yes No21. The Court should grant other additional relief that is fair and just. American LegalNet, Inc. www.FormsWorkFlow.com DIV1102 State ENG Rev 10/17www.mncourts.gov/formsPage 6 of 6The grounds for this Motion are as stated in the Responsive Affidavit and the Application for Temporary Relief which accompanies this Responsive Notice of Motion and Motion. VERIFICATION AND ACKNOWLEDGEMENTS a)I have read this document. To the best of my knowledge, information and belief, theinformation contained in this document is well grounded in fact and is warranted byexisting law.b)I have not been determined by any court in Minnesota or in any other state to be afrivolous litigant and I am not the subject of an Order precluding me from serving orfiling this document.c)I am not serving or filing this document for any improper purpose, such as to harass theother party or to cause delay or needless increase in the cost of litigation or to commit afraud on the court.d)I understand that if I am not telling the truth, or if I am misleading the court or servingor filing this document for an improper purpose, the court can order me to pay moneyto the other party, including the reasonable expenses incurred by the other partybecause of filing or serving this document, court costs, and reasonable attorney222s fees. Dated: Signature County and State where signed Name: Address: City/State/Zip: Telephone: E-mail address: American LegalNet, Inc. www.FormsWorkFlow.com