Posts Categorized: Custody

The Uncontested Divorce – Part 2 (Children)

Posted by & filed under Custody.

Children As mentioned in Part One, if the parties in a marriage dissolution are not childless (or child-free, as some people say), then either one of the parents has to have literally no demands to make pertaining to the parenting plan; or both parents need to be extremely flexible and to respect the other parent’s time and relationship with the child(ren). I am… Read more »

Where the Children Should Go to School – Part 2

Posted by & filed under Custody.

Hard to believe it’s been seven years since I blogged about this last.  Not much has changed on the subject in seven years, but there are trends that have become more common in practice over time. As mentioned previously, the decision about where children will attend school tends to lean in favor of where the… Read more »

New Best Interest Factors Signed Into Law

Posted by & filed under Custody.

The Minnesota legislature handed a bill to Governor Dayton, which he signed on May 15, 2015, which promulgates new best interest factors for family courts to consider in child custody proceedings. They are as follows: (1) a child’s physical, emotional, cultural, spiritual, and other needs, and the effect of the proposed arrangements on the child’s needs… Read more »

Moving Children Within the State

Posted by & filed under Custody.

Previous posts have addressed the issue of moving minor children outside of Minnesota, which requires either the consent of the other parent or permission of the family court.  That rule suggests that a parent residing with children in the Twin Cities can move the children to Warroad, Thief River Falls, or Duluth without consent or… Read more »

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 »

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 »

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 »

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 »

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 »