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.

An existing Minnesota statute requires parents who cannot agree to the terms of divorce related to their children to attend state-approved online or classroom training. If enacted, a new law might require the training as a condition of filing for divorce. Required or not, this training can educate parents on issues they may not expect.

Continue Reading Child Custody Lawyers Say Divorcing Parents May End Up in School

In recent months, the legislature passed (and the governor signed into a law) a bill that amends Minnesota’s custody standards. In addition to a revised “best interest of the child” standard, judges must now apply the relevant statutory criteria with nine new provisions to guide them:

Detailed Findings

The court must make detailed findings on

Nothing is more important than the best interests of the children of divorce. While Minnesota courts can dictate child custody, parenting time and support, parents who can reach agreement through court-approved parenting plans can negotiate more flexibility that better meets the needs of the children and the whole family.

Continue Reading The Parenting Plan: A Flexible Alternative to a Court Order

Each divorce case will vary from one another. In some cases, a parent might want to move out of state with his or her children. But, the non-custodial parent may be opposed of this idea. Typically, a child cannot be permanently relocated from his or her state of residence without approval from that court that gave the original custody order – unless the other parent consents. When parents agree to an out-of-state move, they should sign a written agreement reflecting that. A counselor, or mediator, may be hired to help resolve any issues of both …

Continue Reading An Overview of Motions to Move Out of State

A parental consultant (PC) is a figure that both parents will agree upon, who is then appointed by a judge. The PC will provide expert opinion, and assist in resolving parenting issues that arise. Another similar individual used in cases is a parenting time expeditor. These individuals are court authorities and are to be treated like a judge, which means their decisions carry the same weight as a court order. They only make decisions related to parenting time. Unlike parenting time expeditors, parenting consultants are allowed to resolve any parenting …

Continue Reading The Role of a Parenting Time Consultant

A divorce doesn’t just involve the two spouses and their lawyers. In any divorce proceeding, there are a variety of legal factors involved.  The more issues present, the more experts will generally need to be involved. Some of the typical roles in a divorce include a home appraiser, custody evaluator, vocational assessor, business appraiser, and an actuary. The number of experts present will obviously increase the overall cost of the divorce, but they will also ensure that the proceedings are as fair as possible. A home appraiser is the most common …

Continue Reading The Many Roles Experts Play in a Divorce

If you’ve gone through a divorce, you understand that the challenges don’t stop once matters are finalized. As soon as all the agreements and decisions are made, you now have to spend a lot of your time figuring out exactly how you are going to follow all of the provisions within the divorce decree. One of the biggest challenges involves all of the complex issues that go into scheduling your parenting time and/or working with the other parent. Luckily, there are tools available to assist you with this process. When it comes to spending time with …

Continue Reading Simplify Child Custody with the “Our Family Wizard” Site

If you are involved in any type of custody dispute, you will inevitably have to face a custody evaluator. This process can be very stressful no matter what your situation is. Ultimately, what the custody evaluator determines about you will be a major deciding factor in the type of custody you receive. Wh en you are faced with a custody evaluation in Minnesota, it’s important to follow the advice of your attorney. Your custody lawyer understands your situation and will provide you with tips to make sure the outcome will benefit you. Here are some …

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For many people, being a grandparent is about getting to enjoy grandchildren and spend a lot of time with them without having to deal with the stresses of parenting. Unfortunately, divorce or the death of a parent can result in a grandparent potentially losing visitation rights. If you are a grandparent somehow involved in a situation that is causing you to see your grandchildren less frequently or not at all, it’s important that you understand what your rights are as a grandparent. Minnesota does have both statutory laws and common laws that allow …

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