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PaperclipPerfector  1yr ago (text post)   33066 thread views

Culture War Roundup for the week of April 24, 2023

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Hold on.

A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.

So if a kid is abandoned or abused by both parents, it doesn't give the state the authority to remove custody from both of them?

In that situation, if the child is in Minnesota, "the child is present in the state and [...] it is necessary in an emergency to protect the child because the child [...] is subjected to [...] abuse", so there's temporary emergency jurisdiction.

If the child is not present in the state, then there wouldn't be temporary emergency jurisdiction, but that's correct in a bunch of cases (e.g. preventing a family, none of whom live in Minnesota, from asking Minnesota courts to intervene in its custody dispute).

The way I understood his argument is: It's not true that Minnesota courts will be able to take away kids from the parents when both of them are against transition, because this is merely about jurisdiction over cases where the parents are fighting over custody.

My argument is that giving them jurisdiction is enough to give the state the ability to take the kid from both the parents, the same way it would be if the kid was abused by both parents, and the kid ran away to Minnesota.

I wasn't sure what you meant with your previous post and wanted to err on the side of issuing unnecessary clarifications rather than nonissuing necessary ones.

Sorry for wasting your time.

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