Minnesota Family Law Articles

Articles provided by the Minneapolis Family Law attorneys at Banas Family Law:

Adoption

• Minnesota Adoption Basics: "Considering Adoption? Considering a Minnesota Stepparent Adoption? Considering a Minnesota International Adoption? Adoption is a judicial proceeding that has the effect of transferring all rights and responsibilities of a natural parent, if known, to an adoptive parent."

Child Support & Spousal Maintenance

• Recent Unemployment and Child Support: "A recent job loss can make it difficult to pay your bills and meet your obligations. Child support payments that were previously manageable may become overwhelming. If you’ve recently lost your job and need help meeting your child support obligations, a qualified attorney may be able to assist you in lowering the amount you’re required to pay each month."
• Definitions to Common Terms Encountered in Family Court: Minnesota Child Support: "Lawyer Speak" can be frustrating to listen to sometimes. To familiarize yourself with some of the common terms (and what they mean to your Minnesota child support case), see the list of MN child support law definitions..."
• Minnesota Spousal Maintenance (Alimony): "Formerly known as "alimony", Minnesota spousal maintenance is defined as: 'an award made in a dissolution or legal separation proceeding of payments from the future income or earnings of one spouse for the support and maintenance of the other.'"

Custody & Parenting Time

• Hennepin County Custody and Parenting Time - Hennepin County Family Court Early Neutral Evaluation Program: "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."
• Minnesota Custody and Parenting Time Disputes – Who is involved?: "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."
• Minnesota Child Custody: Physical and Legal Custody: "In Minnesota, child custody is made up of two parts: physical and legal."
• Guardian Ad Litem: "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."
• Single Fathers - Custody, Visitation and Fathers' Rights in Minnesota: "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."
• My Custody Evaluation is Complete - Now What?: "Child custody and parenting time evaluations, whether conducted by a private evaluator or court services, usually take anywhere from 3 to 6 months to complete. Once the evaluation is complete, your attorney will be given notice by receiving a copy of the evaluation."
• Custody and Parenting Time Evaluations: "In Minnesota, if you have children and you and the other parent cannot come to an agreement with respect to custody and parenting time, chances are your case will be subject to a custody and parenting time evaluation."
• Parenting Time Expeditor in Minnesota: "If you have persistent and significant disputes over parenting time, the court may appoint a parenting time expeditor to your case. A "PTE", as it is also known, is unique in that he or she has the authority to make a binding decision concerning parenting time by which both parties must abide."

Divorce

• Business Owners and Divorce: "Divorce can be complicated. Property must be divided, child custody agreements must be reached, and, sometimes, spousal maintenance (alimony) is considered. When one spouse owns a business, however, a Minnesota divorce can become a more arduous process."
• Domestic Abuse: The Impact on Your Divorce and Child Custody Cases: "Domestic violence is a serious issue in divorce and custody cases, not only in terms of the civil and criminal effects, but also in the direct impact it will have on your chances for custody. To put it simply, a finding of domestic violence (order for protection in civil court or a criminal conviction of domestic violence) can ruin a party’s chance for custody."
• Hennepin County Family Court: Initial Case Management Conference and Early neutral Evaluation: "Parties to Hennepin County divorce and custody proceedings must appear before the judge assigned to their case as early as three to four weeks after the filing of the initial papers."
• Do's and Don't's in Minnesota Family Court Proceedings: "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..."
• Minnesota Divorce Procedures Series: The Pre-Trial Conference: "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."
• Will I Have To Pay My Spouse's Attorney Fees?: "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?"
• Uncontested Divorce in Minnesota: "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..."

Grandparents' Rights

• Grandparents’ Rights: Obtaining Custody of Grandchildren: "For a grandparent to obtain custody of a grandchild without the consent of the child’s parents, the grandparent must prove to be either a “de facto custodian” or an “interested third party.” Additionally, the court must find that the grandparent’s custody of the child would be in the child’s 'best interest.'"
• Grandparent's Rights in Minnesota: "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."

Marriage/Civil Unions

• Iowa Supreme Court Strikes Down Gay Marriage Ban: "On April 3, 2009, Iowa’s Supreme Court became the fourth in the country to declare a state legislative ban on gay marriage unconstitutional. Over ten years earlier, in 1998, the Iowa legislature passed an amendment to the state Statues defining marriage exclusively as a union between a man and a woman. (Iowa Code section 595.2(1))"
• What is a Cohabitation Agreement?: "A cohabitation agreement is an agreement between two unmarried people who live together as partners. In Minnesota, a valid cohabitation agreement must be written and signed by both parties and is enforceable regardless of the sex of the parties."