Custody
New FAQ about Placing Case on Inactive Status
Jul 28 2020
Today I published a new FAQ with template form to assist spouses who wish to pursue reconciliation after a divorce case has already commenced. This piece explains how to place a case on "Inactive Status," to allow time to pursue reconciliation without having to immediately dismiss the case.
Update to Grandparent Visitation Article
Jul 03 2020
I have updated my article on grandparent visitation to make clear that according to case law, there is another exception to the general rule that grandchildren must have lived with the grandparents for at least twelve months in order to seek court-ordered visitation: specifically, that the parents have executed and filed a Recognition of Parentage (as most unmarried parents have).
New FAQ on Child Care Right of First Refusal
Jun 10 2020
In response to frequent questions about Child Care Right of First Refusal language in parenting time orders, I have written a concise FAQ on the topic, titled "What is a Child Care Right of First Refusal." I define it, discuss it, and provide some sample language.
New FAQ on In-State Moves
Jun 10 2020
In response to frequent questions about the implications of In-State moves on parenting time and school choice, I have authored a new FAQ titled "Do I Need Permission to Move Within Minnesota."
Update to Article on Name Changes
May 25 2020
In light of new case law from the Minnesota Supreme Court, I have updated an article on Name Changes to note the requirement that in order to have the right to notice of the name change of a minor, the father must be the "legal" father and not just the "biological" father. "Name Changes in Minnesota Divorce and Custody Cases."
Yet Another Dirty Trick to Avoid
May 05 2020
Here's yet another Dirty Trick to avoid, which I have seen recur over the years, thus earning it a place as Dirty Trick #9 on my most popular article of all time: "Avoiding Dirty Tricks."
Another Dirty Trick to Avoid
Apr 06 2020
Here's another Dirty Trick to avoid, which I have seen recur over the years, thus earning it a place as Dirty Trick #8 on my most popular article of all time: "Avoiding Dirty Tricks."
The "Real" Best Interest Factors
Feb 23 2020
I have finally gotten around to writing an article I've been mulling over for years, titled "The Real Best Interest Factors." Enjoy.
Legal Custody Revisited
Jul 02 2018
Dirty Tricks and How to Avoid Them
Feb 10 2014
After seeing this happen too many times, I have been inspired to make an addition to a popular past article posting “Dirty Tricks and How to Avoid Them.” Specifically, I discuss the practice some parents have of scheduling children’s activities over the other parent’s parenting time.
Parenting Time in Minnesota Divorce and Custody Cases
Feb 07 2014
For those of us dealing with parenting time schedules every day, there is a certain short-hand which becomes part of our vocabulary. To help those who are not familiar with the most common parenting time schedules to better understand and visualize them, I have just included an important addition to my article on parenting time in Minnesota divorce and custody cases, complete with tables, so that the reader will have a better grasp of some of the most typical arrangements that are available. The article is titled: “Parenting Time in Minnesota Divorce and Custody Cases.”
Name Changes in Minnesota Divorce and Custody Cases
Oct 04 2011
In response to a request question, I was inspired this morning to write an article on the topic of name changes in Minnesota divorce and child custody cases. This article addresses both name changes for adult parties in divorce, as well as the issues involved in changing the names of minor children. The article is titled: “Name Changes in Minnesota Divorce and Custody Cases.”
Recording of Phone Calls Between Parties and Children
May 17 2011
Today I have update my FAQ about the recording of telephone conversations between parties, to include a section discussing the recording of telephone conversations between the other parent and the children: See “Recording of Telephone Calls Between Parties and Children in Minnesota Divorce and Custody Cases.”
Corporal Punishment of Children
May 13 2011
The question often arises in Minnesota divorce and custody cases, whether and to what extent spanking and other physical punishment is permissible. Today’s FAQ addresses the legalities as well as important strategic considerations on this topic: “Can I Beat the Kids?”
Child Support Duration and Termination
Apr 30 2011
Today’s posting answers the fairly common question people have about when their child support obligation ends, and whether or not they need to take any kind of legal action to terminate child support once their child emancipates. For the answer to this questions, with citations to legal authority, see my new FAQ: “When Does My Minnesota Child Support Obligation End?”
Custody Evaluations in Minnesota Divorce & Custody Cases
Feb 24 2011
Today I published a new article addressing custody evaluations in Minnesota. Among other things, the article addresses the components of a thorough evaluation, and provides some guidance on how to make a good impression on the evaluator, and considerations on how best to involve your attorney in this important process. The article is available here on my website under the title “Custody Evaluations in Minnesota.”
Adultery in Minnesota Divorce and Custody Cases
Dec 21 2010
My article posting today addresses the issue of adultery, and the ways it is and is not relevant to divorce and child custody cases. It is a must-read before daring to raise or respond to an adultery issue. The article is available here on my website: “Adultery in Minnesota Divorce.”
Modification of Physical Custody in Minnesota Divorce & Custody Cases
Oct 19 2010
The question of modification of physical custody arises with some frequency, and is the subject of an article which I am posting today on my website here: “Modification of Physical Custody in Minnesota.” The article addresses the grounds for modification of custody -- both the legal standards and the practical considerations for bringing a motion to modify.
Temporary Custody in Minnesota Divorce & Custody Cases
Sep 18 2010
The importance of temporary custody in divorce and child custody cases cannot be understated. For that reason I have authored an article on the subject, available here: “Temporary Custody in Minnesota.” This article explains why temporary custody is important, and how to best go about making one’s case for temporary custody.
Domestic Abuse Orders for Protection Relating to Minnesota Divorce & Child Custody Cases
Aug 17 2010
Domestic Abuse Order-for-Protection cases frequently go hand-in-hand with a marriage dissolution case, about half of the time legitimately. Today’s blog entry announces publication of a detailed article I have written on the subject, available here: “Domestic Abuse Orders for Protection in Minnesota Divorce and Child Custody Cases.” This article explains the legal grounds for an OFP, but focuses mainly on the intersection between Minnesota divorce and child custody cases, and domestic abuse cases, discussing how the OFP impacts one’s divorce and custody case, and providing tactical considerations for persons involved in such cases.
Social Early Neutral Evaluations in Minnesota Divorce & Custody Cases
Jun 15 2010
The Social Early Neutral Evaluation, or “SENE”, has become a routine part of the settlement of contested custody cases in counties which have adopted the program, as have Hennepin and Ramsey counties. Most contested custody and parenting time cases will be settled through this program. For that reason, I’ve published an article on the subject here: “Social Early Neutral Evaluations in Minnesota Divorce and Custody Cases.” Besides describing how the program works, important tactical considerations are discussed.
Grandparent Visitation in Minnesota
May 14 2010
Contrary to what is often assumed, there are many situations where grandparents can obtain court-ordered visitation rights on a regular, recurring schedule. In an article on my website I address the circumstances under which this may be awarded: “Grandparent Visitation in Minnesota.”
Mediation in Minnesota Divorce and Custody Cases
Feb 11 2010
I’m often asked whether it is better to mediate or to litigate. I answer this question in detail in an article posted here on my website: “Mediation in Minnesota Divorce and Child Custody Cases.”
Out of State Moves in Minnesota Divorce & Custody Cases
Jan 10 2010
In the old days, the parent having sole physical custody could move the children to another state for almost any reason. Then around 2007, the legislature changed the law and passed a statute governing out of state moves, which makes it much more difficult, regardless of which parent has custody. The grounds for out of state moves are discussed at length in an article I wrote on the subject and posted here: “Moving Children Out of State in Minnesota Divorce and Custody Cases.”
Custody of Children Born Out of Wedlock in Minnesota
Dec 09 2009
Although the legal standards for determining custody of children born out of wedlock are the same as those for determining custody of children born during marriage, the legal status of the father prior to the issuance of the custody order is an important consideration which has strategic implications whether you’re the father or the mother. An article I have written and posted on my web site discusses the unique circumstances of custody disputes over children born out of wedlock: “Custody of Children Born Out of Wedlock in Minnesota.”
Parenting Consultants in Minnesota Divorce & Custody Cases
Nov 08 2009
The rise in the use of Parenting Consultants in Minnesota divorce and child custody cases prompted me to write an article on the subject, available here: “Parenting Consultants in Minnesota.”
Parenting Time (Visitation) in Minnesota Divorce & Custody Cases
Oct 07 2009
I’ve drafted an important article on parenting time which addresses: 1) the right to parenting time; 2) typical parenting time schedules; and 3) modification of parenting time. Read the full article here: “Parenting Time in Minnesota Divorce and Child Custody Cases.”
Paternity in Minnesota
Sep 06 2009
Establishing paternity over children born out of wedlock, and the related child custody considerations in this situation, are discussed here in an article I have posted on my website: “Paternity in Minnesota.”
Dirty Tricks to Avoid in Minnesota Divorce & Custody Cases
Apr 01 2009
I despise dirty tricks. Today’s article exposes some of them so that -- I hope -- fewer people will be duped. Read it here: “Dirty Tricks to Avoid in Minnesota Divorce.”
Physical Custody in Minnesota Divorce & Custody Cases
Mar 31 2009
Today’s article is an important one, which I drafted to provide insight into the factors which the court and custody evaluators consider when making physical custody determinations. The so-called “best interest factors” are listed in many places. I give you my elaboration on them, to better inform readers of how each factor is applied in practice. The full article is available here: “Physical Custody in Minnesota.”
Legal Custody in Minnesota Divorce & Custody Cases
Feb 15 2009
Legal custody refers to decision-making power over the major decisions in a child’s life. The article I have drafted on this subject discusses the circumstances under which joint legal or sole legal custody are awarded, and also discusses how legal custody disputes between joint legal custodians are required to be resolved. The full article is here: “Legal Custody in Minnesota Divorce and Custody Cases.”
Who Gets the Kids While We Wait to Go to Court?
Jan 31 2009
It is often the case that parties dispute who may have the children during the time period while they wait to get to court, which can be weeks to months away, depending on the county. A have answered this frequently asked question here: “Who Gets the Kids While We Wait to Go to Court?”
Who Gets to Pick The Children's School?
Oct 29 2008
Are you in a dispute over where your child will go to school? I discuss this issue in an FAQ response here: “Who Gets to Pick the Children’s School?”
When Does My Paycheck Stop Being Joint?
Sep 28 2008
Wondering how long your paycheck still belongs jointly to your spouse? I answer that question here: “When Does My Paycheck Stop Being Joint?”
What Can I Do to Keep Costs Down?
Jul 26 2008
Clients often ask what they can do to help keep down their legal costs. Some suggestions are the subject of an FAQ response which I’ve posted here: “What Can I Do to Keep Costs Down?”
Should I Move Out, And If So, How?
Jun 26 2008
Moving out of the marital home is a decision which can have enormous implications for your divorce and/or child custody and parenting time case. Such a move should never be made without consulting an attorney. I discuss some of the strategic implications in the following FAQ: “Should I Move Out, and If So, How?”
Should I Get a New Lawyer?
Apr 24 2008
In today’s FAQ response I address the common question of whether or not it’s time to hire a replacement attorney: “Should I Get a New Lawyer?”
Should I Empty the Joint Bank Account?
Mar 22 2008
If your considering whether or not to withdraw some or all of your money from a joint bank account in anticipation of divorce, read this FAQ: “Should I Empty the Joint Bank Account.”
Should I Discuss the Divorce with the Children?
Feb 21 2008
Whether and how to discuss the divorce with the children is the subject of my response to this frequently asked question: “Should I Discuss the Divorce with the Children?”
May I Record Phone Telephone Conversations?
Jan 20 2008
Under what circumstances a party may record telephone conversations, and how such recordings can be used, is the subject of my response to this FAQ: “May I Record Phone Conversations?”
Is There Bias Against Fathers or In Favor of Mothers?
Sep 16 2007
So many fathers come in thinking they’re done for. So many mothers come in thinking they’ve got it made. I discuss the fallacy in both lines of thinking, in this FAQ: “Is There Bias Against Fathers or in Favor of Mothers?”
How Will Mental Illness Affect My Custody Case?
Aug 15 2007
To better understand how mental illness impacts child custody cases, read my response to this FAQ: “How Will Mental Illness Affect My Custody Case?”
How Much Compromise is Reasonable?
Jul 14 2007
When compromising to reach a settlement, it’s important to know where you stand should the matter be litigated. Knowing the likely range of litigated outcomes will help you decide how much compromise is reasonable. I have published a detailed answer to this FAQ here: “How Much Compromise is Reasonable?”
How Important is the Physical Custody Label?
Jun 13 2007
The importance of the physical custody label (joint versus sole), is a subject that is under debate in the family law bar. I address this frequently asked question at length here: “How Important is the Physical Custody Label?”
How Do I Prove My Spouse is Crazy?
May 12 2007
At What Age May the Child Decide Where He Wants to Live?
Oct 04 2006
Often people ask me at what age their child(ren) may decide for themselves which parent they want to primarily reside with. I answer this question with pertinent citations to legal authority in the following FAQ response: “At What Age May the Child Decide Where He Wants to Live?”
Am I Entitled To Access My Child's Records (School, Medical, etc)?
Aug 02 2006
Getting access to your child’s important records -- even if you’re not the custodial parent -- is addressed in this FAQ: “Am I Entitled to Access My Child’s Records?”