Posts Categorized: Custody

Child-Inclusive Mediation

Posted by & filed under Custody, General Family Law.

As an attorney, I have been involved in countless parenting disputes, mediations and evaluations in which the issue of a child’s preference is considered, or ruled out, as a factor.  The Minnesota custody statute sets forth the child’s preference as a factor to be considered, “if the court deems the child to be of sufficient… Read more »

Share

Child Support is for Children’s Expenses

Posted by & filed under Child support, Custody, Parenting Time.

When child support is calculated in accord with the guidelines of Minnesota statutes, both parents’ incomes are considered.  The statute provides a table for the basic amount of support that children need, based upon the combined income of the child’s two parents. When the parents have equal, or nearly equal, parenting time, the amount of… Read more »

Share

When Child Care Costs End

Posted by & filed under Child support, Custody, Parenting Time.

Under Minnesota law, parents have the obligation of financially supporting their children.  The child support statutes provide for basic child support, child care support and medical support.  Basic child support is the sum paid by one parent to the other for basic expenses of the child or children.  Child care support is the allocation between… Read more »

Share

The Uniform Deployed Parent Custody and Visitation Act

Posted by & filed under Custody, General Family Law, Interstate issues.

In July 2012, the Uniform Law Commission approved of the Uniform Deployed Parent Custody and Visitation Act, to address issues that arise when a family court matter involves a parent serving in the military.  The Uniform Law Commission (ULC), established in 1892, is responsible for such Acts as the Uniform Child Custody Jurisdiction and Enforcement… Read more »

Share

Four Primary Issues in Divorce

Posted by & filed under Alimony / Spousal Maintenance, Child support, Custody, Divorce, General Family Law, Parenting Time.

Divorce can be a challenging process.  After the initial difficult decision of whether to pursue a dissolution action, many parties wonder where to begin in sorting through the many pieces of the marital relationship.  One helpful place to start is to realize that there are two main issues that apply to every divorce and two… Read more »

Share

Joint Physical Custody – The 5/2/2/5 Schedule

Posted by & filed under Custody.

When parents share child custody with a 50-50 schedule, it is common for the schedule to be week-on, week-off – i.e., one week with one parent, the next week with the other parent, and so on. But not likely if a child custody professional is involved. Many parents agree to share custody by alternating weeks…. Read more »

Share

Alcoholic and Chemically Dependent Parents and Child Custody

Posted by & filed under Custody.

If a couple with children separates, and one of the parents is alcoholic or chemically dependent, should the family court: a.    Terminate the addictive parent’s parental rights; b.    Restrict and/or supervise the addictive parent’s parenting time; c.    Condition the addictive parent’s parenting time on his or her sobriety; or d.    Leave… Read more »

Share

Joint Physical Custody is a Legislative Issue Again

Posted by & filed under Custody.

In recent years there have been multiple attempts to create a legal presumption in Minnesota that a child should be in the joint physical custody of the child’s separated or divorced parents.  This year, there is a bill that reflects a renewed effort to pass a “JPS law” in Minnesota. What needs to be realized… Read more »

Share