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Concerned with how to behave during a Minnesota Family Court case? Below are the do's and do not's of the Minnesota Family Court:

• RECORDED STATEMENTS. In a contested divorce or custody proceeding always assume that any statement you make is recorded. This includes telephone calls and answering machine messages. Do not say or do anything that you would not want a court to know about. If you plan on recording your spouse, be sure to speak with your attorney prior to making any recording. In general, judges do not appreciate parties recording the other and in some situations, recording the other party can backfire on the party making the recording.
• SPEAKING WITH OPPOSING COUNSEL. Once you are represented by an attorney, opposing attorneys may not speak with you regarding the case. If they call you, refer them to your attorney. Do not call them, even if your lawyer is unavailable and you consider it an emergency.
• SPEAKING WITH JUDGES. Parties may not speak with or provide letters to a judge unless it is part of a scheduled hearing. Contact without the other party present is called ex-parte contact and is prohibited.
• PARENTING NOTEBOOKS. In a custody proceeding it is important to maintain a notebook including dates that events occur relating to the care of your child(ren). What is the daily routine? Who takes them to the doctor? Who takes them to school activities? List any concerns regarding the other party’s parenting, including: the method of discipline, drug use, alcohol use, disabilities, or neglect. Keep a calendar with you and mark the dates and times you and the other parent spend time with the children. This is important, and a calendar makes it much easier for you and your attorney to prepare for a hearing regarding your children.
• INDEPENDENT DOCUMENTATION. In Minnesota family court custody proceedings,  courts are often faced with conflicting “he said and she said” testimony. It is very important to find independent documentation to verify any statements. For example, if you contend that you are the primary caretaker, reports from doctors, daycare provider or teachers may document your attendance at parent-teacher conferences, signing off on homework, or taking the child to the doctor. It is very important that you acquire this documentation early on in the legal proceeding. If domestic abuse is an issue, you may wish to document incidents with police calls to the homestead, police reports or orders related to domestic abuse. If drug or alcohol use is an issue, a driving record showing DWI arrests or drug charges may prove valuable.
• INVOLVEMENT OF CHILDREN. Avoid involving minor children in the Minnesota Family Court proceeding. This may harm the child emotionally and damage your case. Avoid blaming or vilifying the other parent in the child’s presence. Remind the child that the divorce is not their fault and is a parental dispute. Tell your child (no matter how you truly feel) that both parents love them.
• PHOTOGRAPH PROPERTY. To prepare for divorce, in addition to acquiring necessary documentation, you may wish to photograph or videotape your furnishings, personal property, and real estate. By photographing the contents of your home, you will create a comprehensive log of your possessions and the condition of your home. It may be difficult at a later date to recall all items or necessary repairs.
• DON’T LOSE YOUR TEMPER. Domestic violence is a serious issue and can ruin a spouse's chance for custody. Do not put yourself in a situation where it is likely an argument with your spouse will ensue. A finding of domestic abuse by one spouse against the other makes any custody battle very difficult since there is a presumption under Minnesota law that an abuser should not have custody.  Read more about domestic abuse and its affect on divorce and child custody proceedings.

If you would like to have a consultation with a Minnesota divorce lawyer, please contact Chris Banas at  651-361-8109.

The information below on the pretrial conference is one in a series of articles on Minnesota divorce procedures and the Minnesota Family Court process.

The pre-trial conference is a mandatory conference in which the parties and their attorneys must appear. Depending on the county, it is held anywhere from four to six months after the filing of the initial pleadings.

Some important facts concerning the pretrial conference are:

1.)    A pre-hearing statement must be drafted by both parties, filed with the court, and served upon each party 10 days prior to the pre-trial hearing. This filing is mandatory and a party failing to abide is subject to sanctions, which may include fees, the striking of pleadings, or other relief as determined by the court.

2.)    The pre-hearing statement sets forth the parties' financial status (income, expenses, and liabilities) and position on custody and parenting time. A monthly budget, the parties' most three (3) recent pay stubs, and a proposal concerning custody and parenting time must be attached to the statement.

3.)    The pre-hearing statement is an important document, and must be completed carefully by each party. Since this document is served upon both parties and is filed with the court, you and your attorney should double-check your submissions, as the pre-hearing statement can be "used against you" or your spouse later on in the proceedings. (For example, inconsistent statements made on the pre-hearing statement such as income, asset value, or monthly expenses can be used against a party, if at trial, that party tries to submit evidence that is contrary to statements made on the pre-hearing statement.)

4.)    The pretrial conference is an opportunity for the parties to attempt settlement. In some situations, the parties' attorneys will speak to the judge presiding over the case. The attorneys will inform the court of the contested issues. Many times, cases are settled (fully or in part) at the pre-trial conference. If a case settles, the court will allow the parties to read the agreement(s) "onto the record." Once the agreement is read onto the record, the court will direct a party to draft the agreement for circulation and submission to the court.

5.)    Matters that do not settle will be set for trial. The court will then issue an order - usually called a Pre-trial Conference Order or Trial Order. This order will set the date and time for trial, and will set forth other orders regarding the exchange of exhibits and witness lists, for example.

The pretrial conference is one part of Minnesota Divorce procedure.  If you would like to have a consultation with a Minnesota divorce lawyer in the St. Paul or Minneapolis area, please contact Chris Banas at  651-361-8109.

A very serious question -- as the divorce process can take a significant financial toll on you and your spouse. Unless you are representing yourself, you and your spouse will likely be paying an attorney for representation. I am often asked the question: Will I have to pay for my spouse's attorney? There is no easy or simple answer. The answer will depend on the specifics of each case.

Attorney's fees in divorce proceedings can be awarded in two situations:

1. First, attorney fees can be awarded when there is financial need on the part of one spouse and there is an ability to pay on the part of the other spouse. Need-based attorney's fees, as they are called, are often awarded when there is a significant income disparity between the parties. A request can be made early on in the proceedings or at the very end. The court must make particular findings on the issue of need before attorney fees can be awarded.
2. Conduct-based attorney fees can also be awarded by the court in those situations where the court finds that the conduct of one party has needlessly increased the length or cost of the proceedings. These fees are awarded as a "punishment" for one party’s unreasonable conduct.  Again, the court must make specific findings regarding the conduct of the other party before attorney fees can be awarded.

See below for the full text of the attorney’s fees statute in Minnesota.

518.14 COSTS AND DISBURSEMENTS; ATTORNEY FEES; COLLECTION COSTS.

Subdivision 1. General. Except as provided in section 518A.735, in a proceeding under this chapter or chapter 518A, the court shall award attorney fees, costs, and disbursements in an amount necessary to enable a party to carry on or contest the proceeding, provided it finds:(1) that the fees are necessary for the good-faith assertion of the party's rights in the proceeding and will not contribute unnecessarily to the length and expense of the proceeding;(2) that the party from whom fees, costs, and disbursements are sought has the means to pay them; and (3) that the party to whom fees, costs, and disbursements are awarded does not have the means to pay them.

Nothing in this section or section 518A.735 precludes the court from awarding, in its discretion, additional fees, costs, and disbursements against a party who unreasonably contributes to the length or expense of the proceeding.  Fees, costs, and disbursements provided for in this section and section 518A.735 may be awarded at any point in the proceeding, including a modification proceeding under sections 518.18 and 518A.39. The court may adjudge costs and disbursements against either party. The court may authorize the collection of money awarded by execution, or out of property sequestered, or in any other manner within the power of the court. An award of attorney's fees made by the court during the pendency of the proceeding or in the final judgment survives the proceeding and if not paid by the party directed to pay the same may be enforced as above provided or by a separate civil action brought in the attorney's own name. If the proceeding is dismissed or abandoned prior to determination and award of attorney's fees, the court may nevertheless award attorney's fees upon the attorney's motion. The award shall also survive the proceeding and may be enforced in the same manner as last above provided.  Copyright © 2007 by the Office of the Revisor of Statutes, State of Minnesota.  All rights reserved.

Learn More -- Visit our articles and resources for more Minnesota family law information on Minnesota Divorce,  Child Support & Spousal Maintenance, Custody & Parenting Time, and More.

If you would like to have a consultation with a Minnesota divorce lawyer in the St. Paul or Minneapolis area, please contact attorney Chris Banas at  651-361-8109.

Early Neutral Evaluation (ENE) is a short-term, confidential evaluative process designed to facilitate prompt dispute resolution in Hennepin County Family Court custody and parenting time (visitation) matters. The program, as offered through the Hennepin County Family Court, offers the evaluative impressions of experienced Hennepin County Family Court Services (FCS) staff to parties engaged in custody and parenting time disputes. Feedback is provided to parties and their Hennepin County divorce attorneys based on case presentations and a limited amount of information gathering. The ENE process is completed within one month.

1. At any point in the legal process, from the initial judicial management conference to a pretrial settlement conference, the judicial officer may refer parties and their attorneys to Hennepin County Family Court Services for an ENE.
2. A male/female ENE team of experienced FCS staff is assigned to the case.
3. Hennepin County divorce attorneys and parties meet with the ENE team within one week after the assignment. Each attorney or pro se party is asked to present the important issues in the case. Unless it is necessary to gather additional information, the ENE team provides immediate feedback about each party's case. Settlement possibilities are discussed and areas needing further scrutiny are identified.
4. The ENE team may gather additional information as necessary and the team may interview parties, interview child(ren), or gather limited collateral data.
5. The attorneys and parties may meet a second time with the ENE team to hear the team's assessment and recommendations. Settlement options for full and partial agreements are discussed. If the case does not settle, the team identifies critical issues that may need additional study.
6. If a full or partial settlement is reached, a copy of the agreement is sent to the judicial officer. If a full agreement is not reached, a report is made to the judicial officer by the ENE team regarding partial agreements that have been reached. The report may be written or oral. The ENE team members may not be called as a witness with respect to the information obtained or the recommendations made during the ENE process.  In addition to reporting full and partial settlements, the ENE team members may communicate with the judicial officer for the limited purpose of facilitating case management. For example, if one fact issue stands in the way of settlement, such as a chemical health issue, the ENE team may report the disputed issue to the judicial officer for case management purposes. Armed with such information, the judicial officer may opt for a chemical health assessment rather than a full-fledged custody evaluation.
7. If the case does not settle, the judicial officer consults with the parties and their attorneys to decide the next step, which may be mediation, an expedited evaluation of the remaining issues, or a full custody evaluation.

If you have questions regarding Early Neutral Evaluation in Minnesota, please contact Minnesota divorce lawyer Chris Banas: 651-361-8109.

If there is a dispute in Minnesota over custody and parenting time, the court will likely order the parties to undergo some sort of "evaluation." "Evaluation" is a fluid term, and can mean a variety of things. To understand the "evaluation" itself and the process you will have to undertake, you must understand the different types of players who may be assigned to your case. The most commons types of "evaluations" and the professionals who conduct them are set forth below. Your particular case may include only one of these individuals or many.

If you and your spouse agree to the terms of your divorce, the divorce process can be simple and quick. Here are some points to consider if your divorce proceeding is uncontested:

1. Time frame can be significantly shortened. An uncontested divorce can be finalized in a month or so, depending on your county and court scheduling.
2. Costs can be minimized. Depending on the issues, attorneys' fees can be minimized, as much of the work would be dedicated to drafting legal documents. The current filing fee is approximately $330.00. This varies by county, but generally is in this range, give or take a few dollars.

In custody and parenting time disputes, the court may appoint a Minnesota Guardian Ad Litem to your case. The guardian, also known as a "GAL," acts on behalf of the children. Generally, Guardians Ad Litem are appointed when there are allegations of maltreatment or abuse, either emotional or physical.

The main responsibilities of the Gaurdian Ad Litem in Minnesota are:

My ex-girlfriend will not allow me to see my son. What can I do?

This is a common question, and I am often giving the answer of: Nothing, until you go to court.

The grim reality is this: Fathers who have children that were born out of wedlock are at a legal disadvantage, unless and until they assert their rights in a court of law. When a child is born out of wedlock, the mother automatically has sole legal and sole physical custody of that child. Further, the father has no right to parenting time (visitation) unless the mother agrees. In addition, child support is independent of custody and parenting time. This means that a child support order may issue, without any reference to custody or parenting time.

The state of Minnesota does acknowledge the grandparent's rights in certain circumstances. For example, during or after a divorce proceeding, a grandparent may petition the Court for visitation rights to their grandchildren. These are limited circumstances, however, and the facts of your situation must specifically fall into the category contemplated by the statute. (Those specific situations are set forth in the statute below.) If your situation is one of those contemplated by the statute, you then have a right to petition the court for access to your grandchildren.