There are wide variety of parenting time schedules available to family court litigants, some equal, some not. With recent changes in the law, courts have moved toward maximizing available time with both parents. Parenting time schedules often take into account a routine access schedule, holiday division, vacations and non-school days.

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

Equal access schedules with children have become easier to achieve, following amendments to Minnesota’s parenting time modification statute.

Pursuant to caselaw, a parent who sought to achieve a 50/50 parenting time schedule, following the issuance of a divorce decree granting them less, had to demonstrate the child’s home environment with the other parent endangered their

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

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 …

Continue Reading How to Approach a Custody Evaluation

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 …

Continue Reading Grandparent Rights Under Minnesota Law

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

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