Child Custody & School Placement
Here’s a dilemma. Two parents share equal custody and equal time with their child. But they live in different cities. The child is 5 and will soon be starting school….
Spousal Maintenance and Standard of Living in Minnesota
Marc and I have been practicing law together for 10 years; and before that we practiced at different firms for many years. During our combined 40+ years of practicing law,…
Minnesota Child Support: a Handshake Is Not Enough
The Minnesota Supreme Court was recently asked whether a ‘handshake’ agreement between parents to pay support for their child is enforceable in Minnesota. Their answer was … “no”. This announcement…
All In The Family: the Importance of Exclusivity
Some of us are old enough to remember the Archie Bunker archetype, and the disdain for his in-law Mike ‘Meathead’ Stivic famously portrayed in the iconic All in the Family…
POST NUPS: UNCONSCIONABLE OR JUST A BAD DEAL?
We occasionally get asked about post nuptial agreements; an agreement between spouses who wish to stay married but separate their property rights. Post nuptial, like pre nuptial agreements, define property…
Karon Waivers & Fake News: Proceed With Caution!
Despite lacking clear definition, the term “fake news” now frequently appears in political discourse. Without objective, universally-accepted criteria, it can be hard for consumers to discern what the term “fake…
Grandparent Visitation Rights: Potential Hazards!
Minnesota law grants rights to grandparents to visit their grandchildren, if they can prove any of the following: The grandchild has a deceased parent The grandchild has lived with the…
When Can a Child Choose?
I often get asked by divorced or separated parents, at what age their child can decide which parent they live with. It’s a fair question; but one which unfortunately has…
Fraud: Anathematic to an Otherwise Enforceable Divorce Agreement
Divorces are frequently resolved by agreement, rather than litigation. Courts have long favored settlement of disputes without litigation. Hentschel v. Smith, 153 N.W.2d 199, 204 (Minn. 1967). In family court,…
“Words Speak Louder than Action”: Child Support & Parenting Time in Minnesota
I was reviewing a recent Minnesota Court of Appeals decision, Nelson v. Nelson (A22-0077) and, came to the conclusion that the old adage “actions speak louder than words” rings true…