Custody

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There are two type of custody under Minnesota law: (1) physical custody; and (2) legal custody. Physical custody involves the day to day care of a child, while legal custody involves key decisions concerning a child's education, healthcare and religion. The "best interest of the child" standard applies.

In Minnesota, there is no set age at which a child can independently decide which parent they want to live with following a divorce or custody dispute. However, the court will consider the child’s preferences if the child is deemed mature enough to express thoughtful and independent opinions about the parenting time schedule. While the…

Under Minnesota law, there are two types of child custody: physical custody and legal custody. Legal custody involves the right to make important decisions for the child, including decisions about education, health care, and religion. Physical custody is the right to make decisions about the routine day-to-day activities of the child and where the child…

The Pilot Project allows approved Minnesota legal paraprofessionals (paralegals), like our own Pam Martin, to represent and advise clients in select family law cases with an attorney’s supervision. In some cases, a paralegal can represent a client in court.

The goal of the program is to increase access to legal representation in cases where one…

Custody cases in Minnesota are complex if the parties do not agree. Legal custody, physical custody and parenting time disputes involve an entangled set of ever-evolving statutes and caselaw. Alcoholism, drug abuse, mental illness, domestic abuse, special needs, and child development are just a few of the issues that must be addressed.

Where should you…

While divorces are very emotional and strenuous for parents, they can be equally as difficult for the children. One alternative-parenting schedule is referred to as bird nesting or “nesting.” This type of parenting plan is designed to limit the disruption to the children’s normal schedule after a divorce. Nesting requires the parents to move homes…

After the first of the year, many people will start thinking about their taxes and putting together documentation for their accountants. If you are divorced and have children, this also includes who will claim the children on their income tax return. Your final judgment and decree should outline the specifics regarding joint children and taxes.…

Custody cases can seem never ending. They can be difficult and stressful for both parties. The goal of a custody agreement involves satisfying both parties and help them navigate shared custody in the future. Court proceedings can be costly, from attorney’s fees to court filing fees. A properly drafted agreement can help you avoid conflict…

A Minnesota custody or divorce hearing conducted by video call may seem strange from your computer in your living room. However, it has become a regular occurrence for Minnesota courts. During the Governors Walz’ Executive Stay-at-Home Order, courts started conducting hearings via video zoom calls. Despite the order being lifted, courts still continue to utilize…