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 »

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 »

Discrediting Adverse Custody Evaluators

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If you and your spouse cannot reach agreement on the legal and physical custody of your child, your matter is probably headed for trial. The court will be left to determine what is in the "best interests" of your child through the use of a custody evaluation and report. About 95% of the time, the court will adopt the evaluator's recommendations - unless you have a strong advocate who knows how to challenge their conclusions. Here are a few ways to discredit the custody evaluator at trial: Bias. In personal injury cases, the insurance company will hire a doctor to examine the injured. Insurers pay thousands of dollars (now you know where your premiums go) to certain doctors who « Continue »

Experts Involved In Divorce Cases

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Depending upon the facts and legal issues involved in your divorce, a number of experts may play a role in your case, including a home appraiser, actuary, custody evaluator, business appraiser and vocational assessor. The most common expert we employ is a home appraiser. In most cases the most valuable asset for division is the marital homestead. If one party elects to remain in the homestead we must calculate the equity in the house to determine the value of the property settlement. Naturally, the first step to establishing equity involves the determination of the market value of the property. A typical homestead appraisal costs around $350. They take approximately one (1) week to « Continue »

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