Posts Categorized: Custody

Moving Out of State With Minor Children

Posted by & filed under Custody, Divorce, General Family Law, Guardian ad litem, Parenting Time.

One important change in Minnesota law in recent years pertains to changing the state of residence of minor children.  Previously, Minnesota was one of a minority of U.S. states to allow a custodial parent to move with a child to another state unless the non-moving parent proved that the move was contrary to the child’s… Read more »

Moving Out of State With the Children

Posted by & filed under Custody.

When one parent wants to move out of state, with the children, a dispute often erupts because of the other parent's opposition to such a big change for the kids.  In most states, if a parent wants to move the residence of the children to another state, the burden of proving the merits of the… Read more »

Early Neutral Evaluation

Posted by & filed under Custody.

If parents have a dispute, or potential dispute, about child custody or parenting time, the Early Neutral Evaluation (ENE) is a great option with a high success rate.   The ENE model works as follows: the parties meet with a team of two evaluators, one man and one woman, who hear from each parent about… Read more »

Study Group’s Report on Joint Physical Custody Presumption

Posted by & filed under Custody.

In a February 2008 blog entry, I mentioned that a bill came before the Minnesota Legislature to enact a presumption in favor of joint physical custody in Minnesota family courts.  The legislative committee referred the bill to a study group, whose charge was to consider the prospect of a joint physical custody presumption.  The study… Read more »

Custody of a Child of Unmarried Parents

Posted by & filed under Custody.

From the time that a child of unmarried parents is born until a child custody order is issued by the family court, the mother has custody. As mentioned in a previous post, a Recognition of Parentage signed by both parents provides a basis for an unmarried father to obtain parenting time or custody of a… Read more »

Parenting Rights and Responsibilities

Posted by & filed under Child support, Custody.

As a parent, you have the right to custody of, or parenting time with, your child; and the responsibility to financially support your child. Many divorced or separated parents believe that if a parent fails to pay child support, they are not entitled to see the child; or if they do not have the opportunity… Read more »

What the Guardian Ad Litem Says

Posted by & filed under Custody.

A guardian ad litem is appointed by the family court to get familiar with a minor child and the facts and circumstances surrounding the minor child’s custody and parenting issues. When the guardian ad litem makes recommendations regarding custody and parenting time, the family court judge making decisions on those issues is likely to rely… Read more »

Joint Physical Custody Presumption Subjected to Study

Posted by & filed under Custody, Divorce, General Family Law, Parenting Time.

Today there was a committee hearing at the Minnesota Legislature on a proposed bill to enact a presumption in favor of joint physical custody. The bill would establish a rebuttable presumption that joint physical custody is in the best interests of a minor child. (Minnesota law already has a presumption that joint legal custody is… Read more »

Recognition of Parentage

Posted by & filed under Custody, Parenting Time.

When a child is born to a couple that is not married, it is important for both parents to sign off on a Recognition of Parentage form, for custody and parenting time purposes, as well as for child support purposes. A father’s right to custody or parenting time is established easily by a Recognition of… Read more »