The phrase “custody” is used to describe the obligations, and rights, of parents regarding the care of their children.
Child custody issues come about when an unmarried couple has a child together, or when married parents get a divorce.
The two types of child custody in Minnesota are physical custody and legal custody.
Legal custody
Custody disputes are some of the most intense, emotional cases we handle. Here we provide basic information concerning custody and parenting time issues in Minnesota divorce and paternity cases: Legal Custody: Involves the key decisions made on behalf of a child in terms of education, religion and medical needs. The presumption is that parents will share joint legal custody. This presumption may be overcome by demonstrating an inability to communicate or a history of domestic abuse. Physical Custody: Involves the day to day care and decision …
Continue Reading Custody in Minnesota : Definitions and Standards
Nothing disappoints me more than family law litigants who think of their child as a pawn, placing them smack dab in the middle of the fight. There’s just no good reason for it. And, every expert I’ve encountered on the subject suggests that the parent who does so — even if they appear as the “hero” to the child in the moment — will suffer the consequences in the long run; the child will soon grow old enough to understand what was done to them.
Continue Reading Effective Co-Parenting During (and After) Divorce
One of the issues that divorcing parents have to tackle involves an allocation of the income tax exemptions for the minor children. Who claims who? This is a matter that should not be overlooked; tens of thousands of dollars in future tax benefits may be at stake. And, if both parents make the same claim in the same year, a phone call from the IRS is certain to follow.
Continue Reading Allocation of Income Tax Exemptions for Minor Children Following Divorce
As more and more counties adopt the early neutral evaluation model, fewer divorce litigants face the prospect of a motion for temporary relief. A decade ago, nearly every party to a divorce would seek some sort of temporary order from the judge, given the fact that few alternatives were available for immediate structured debate and discussion concerning issues like custody, parenting time, child support, property division and spousal maintenance.
Continue Reading The Process of Filing a Motion for Temporary Relief in Minnesota Divorce Court
Many of the cases we handle involve a high level of conflict. Our Family Wizard is a fantastic online tool to help streamline the process of parental communication during, and after, divorce.
Continue Reading Our Family Wizard: An Online Resource for High Conflict Divorce Litigants
One change that has occurred in Minnesota law in recent years is found in the statute pertaining to relocation out of state with a minor child. Under the old law, the non-moving parent had the burden of proof when it came to explaining to the court why the child shouldn’t be taken out of state. Now, however, it is the moving parent who has burden of proof; they must prove why such a move serves the best interest of the child.
Continue Reading Motions to Move out of State: New Standards
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
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 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