Minnesota’s Social Early Neutral Evaluation Model for Divorce and Paternity Cases

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More than 95% of the cases we handle settle short of trial. When custody issues are involved, many of our clients participate in a process known as social early neutral evaluation - an SENE. In a social early neutral evaluation, the lawyers and clients will meet with a pair of evaluators. These individuals are usually social workers, custody evaluators, or experienced family law practitioners. The team will consist of one male and one female, to avoid the perception of gender bias. Most social early neutral evaluation sessions are approximately three hours long. During the first hour, the parties themselves do most of the talking. The evaluators want to hear from each side. Issues « Continue »

Contempt in Minnesota: Consequences of Ignoring Court Orders

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The court is responsible for controlling the conduct that occurs within its doors, but also has to deal with issues outside of the courtroom when it comes to family matters. It is typical for a contempt motion to be made in a family law case when one party has violated an order of the court, such as an order to pay child support, spousal maintenance, or a parenting time arrangement. The contempt rules are rather strict, in an effort to motivate individuals to comply with court orders. A particular action (or inaction) may constitute contempt if the following criteria are met: The court must have jurisdiction over the case in order to file a motion; and It must be properly « Continue »

Podcast: Establishing Physical & Legal Custody Under Minnesota’s Best Interest Standard

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In this edition of The Family Law Show, we offer an overview of the standards Minnesota judges use in determining the physical and legal custody of children. Custody is an emotionally-charged issue, with a lot of uncertainty for parents and kids. Topics in this podcast include the difference between physical custody and legal custody, joint custody as compared to sole custody, the "best interest of the child" factors and the key facts judges look toward in making custody decisions. Run Time: 12:52 « Continue »

The Benefits Of Working With A Parenting Time Expeditor

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Under Minnesota law, the parties, or the court, can seek the appointment of a parenting time expeditor as part of a divorce or paternity proceeding. Parenting time expeditors can save the parties time and moneyby keeping parenting time disputes out of the court system entirely. No attorney to pay. No motion filing fee to pay. No two-month waiting period to speak with a judge. A parenting time expeditor works to resolve parenting time disputes by interpreting and enforcing an existing court order. Some parties never use the expeditor, even if appointed, because no conflicts arise. Others use them once. Still others...quite regularly. Expeditors are supposed to first mediate disputes « Continue »

Give Yourself The Advantage: Tips For Dealing With Custody Evaluators

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Child custody can be a controversial issue; it is common for both parents to want physical custody - or for one parent to seek sole custody over a joint custody arrangement. The disagreements can go on and on, and that means the court has to intervene with the custody evaluation process. A custody evaluator is appointed, or hired, to review the situation and create a report that the court uses to determine what is in the best interest of the minor child. It is best to cooperate with the custody evaluator in every way possible. How you interact with the evaluator is going to carry a lot of weight in the evaluation - even though the relevant statute doesn't reference your conduct during « Continue »

What Do I Have To Prove In Order To Modify Custody?

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Modification of the physical custody of a child is one of the more difficult things to do in family court. Although we've successfully moved for modification many times, careful consideration is given as to whether the request should be brought in the first place. When the court deals with physical custody the first time around, the "best interest of the child" standard applies. The judge takes into account 13 factors, such as who has served as the primary caretaker for a child, the stability of the home environment of each parent, and the wishes of the children, if of suitable age and maturity. But what if several years after the entry of the initial custody order a parent seeks to « Continue »

Candid Advice From A Guardian Ad Litem

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The Minnesota Guardian Ad Litem Program provides advocates who represent the best interests of abused and neglected children in court. They play a pivotal investigative role in protective services cases, and other situations involving allegations of endangerment of a child. The Minnesota courts web site provides a number of resources for litigants who may encounter a Guardian Ad Litem as part of their case: Online GAL Brochure, in English, Spanish, Hmong and Somali. GAL district manager contact information. General program information, such as goals, values and policy. Helpful post this week from Ben Stevens' South Carolina Family Law Blog. A trusted colleague of Stevens, « Continue »

Forced Parenting Time Results In Assault Against Dad: A No-Win Situation

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Janet Langjahr, a divorce and family lawyer who authors the Florida Divorce Law Blog recently cited an article in the Northwest Florida Daily News about a 12-year-old girl arrested for assaulting her father. The cause of her anger? Dad was trying to force her to be with him during court ordered parenting time. Not sure who was in the wrong...dad for forcing or daughter for striking. I represent a client with similar issues. The kids are angry with mom about the fact that she had (and is having) an affair with the man across the street. The kids have demanded that she stop seeing him, but mom refuses, citing "adult privilege." It hasn't been pretty, but my client has struggled with « Continue »

What Are The Common Parenting Time Schedules? How Is Child Support Affected By Them?

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In recent years, Minnesota's child support statutes have shifted from a "label-based" model to a "parenting schedule" based model. It used to be that child support was calculated based upon the type of custody (whether joint physical or sole physical) arrangement the parties were awarded by the court. New emphasis has been placed on the actual amount of parenting time that has been awarded, as opposed to mere labels. For that reason, the label, itself, has basically become meaningless. Some, including me, predict the end of the label in the next five to seven years. The support guidelines now discount child support for an obligor (the one who pays) if they spend a certain amount of « Continue »

Birthday Party Or Bridesmaid? A Judge Named Whipple Squeezes Dad

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Eric Solotoff, a certified matrimonial lawyer based in Roseland, New Jersey, recently featured an article from the Daily Record surrounding a post-decree parenting time dispute between a mother and father. Here's how ugly (and downright silly) things can get sometimes: Ruling against a divorced father's wish that his daughter help him celebrate his birthday, a judge in Morristown Thursday said the child should have the rare chance to spend that time as a bridesmaid at her godmother's wedding. Mother Cortney Hooper of Dover took her ex-husband, Steven Miller, to Superior Court to have a judge decide how their 10-year-old daughter should spend Friday night, even though it encroaches on « Continue »

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