Times are tough. Many families and individuals have struggled the past few years because home values have dropped and jobs are difficult to come by. Financial problems add to or are the cause of marital discord. Not surprisingly, when couples decide to divorce, many find the idea of hiring an attorney distasteful, if for… Read more »
Posts Categorized: Custody
The Uniform Deployed Parent Custody and Visitation Act
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 »
Four Primary Issues in Divorce
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 »
Joint Physical Custody – The 5/2/2/5 Schedule
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 »
Alcoholic and Chemically Dependent Parents and Child 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 »
Joint Physical Custody is a Legislative Issue Again
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 »
Child Custody – The Label, the Impact on Support and the Actual Schedule
When child custody is disputed, it usually comes down to three things: (a) the label, (b) the impact on child support, and (c) the actual schedule. If someone wants joint physical custody, it is because (a) they like the idea of telling other people they have “joint physical custody;” (b) they want to pay less… Read more »
Contested Child Custody and Mental Illness
In a contested child custody dispute, if one of the parents suffers from mental illness, it is a factor to be considered in the court’s custody decision. Many parents going through a custody battle suffer from conditions such as clinical depression, bipolar disorder, obsessive compulsive disorder or a personality disorder. The statutory provision of Minn…. Read more »
Children and Passports
Children under the age of sixteen are not issued passports without the consent of both parents. The Two-Parent Consent Law was revised in February 2008 to include all children 16 and under, and not just children 14 and under. Both parents must be personally present for the passport application submission, to provide identification and original… Read more »
Custody Neutrals
Custody evaluations, guardians ad litem, early neutral evaluators, parenting consultants and parenting time expeditors. They are all objective and impartial. Here are the distinctions: Custody evaluators are appointed by the court or contracted with privately by the parties. The evaluator will meet with the parents, meet with or observe the child (depending on how old… Read more »