Minnesota law is continually trying to find the appropriate and fair calculation for child support determinations. There is an ongoing dispute as to the resources needed to care for a child while having extensive parenting time with a child. In a continued effort to do so, new Minnesota laws that went into effect this summer…
Types of Custody in Minnesota During a divorce (dissolution of marriage) proceeding in Minnesota, there are many issues for former spouses to settle. One of the most contentious is custody of dependent children. A basic overview of child custody law in Minnesota can help parents make informed decisions in the best interest of their children.…
As reported by Minnesota Public Radio, Governor Dayton has vetoed the Minnesota Joint Custody Bill. This is big news for family law practitioners around the state. As I posted previously, the Minnesota legislature had approved the bill and submitted for Governor Dayton’s review. I had mixed feelings on the bill, but I think the governor…
As a Apple Valley, MN divorce attorney, I often feel the bite of what I will call “society’s general dislike of the law and lawyers.” I understand why many people feel that lawyers and the courts are to blame for messy family law situations. It’s easy to blame them. However, I can tell you from…
One of the most difficult things that parents, children, family law lawyers, and the court system face is a child custody hearing. I’ve been through child custody hearings as a child and as a lawyer. Let me tell you, they are never easy. I will admit that I’d rather be the lawyer than the child…
Believe it or not, lawyers don’t always do the best job presenting evidence at trials and hearings. Don’t mistake me – I’m not saying that these lawyers are bad lawyers, instead, I am suggesting that the proper presentation of evidence is often difficult and many lawyers don’t always do it right. What is one possible underlying…
According to the Minnesota State Court of Appeals, in the case of In the Matter of the Welfare of the Child of: E. A. C., Parent., A11-1562, Minn. Ct. App. (2012), a district court judge in the State of Minnesota must apply all subsections of 25 U.S.C. § 1912 (2006) when determining whether reuniting a…
The parent who has typically performed the traditional role of homemaker and caretaker of the children will be most likely to establish primary parent status for purposes of a temporary custody and child support order. This means that the primary caregiver is most likely to receive temporary custody in a divorce or legal separation proceeding.…
