Why Words Matter
Words, and their interpretation, can be the heart of any misunderstanding, and misunderstanding can be the heart of any legal dispute; sometimes with drastic consequences. When looking at words in…
Tens Don’t Marry Twos
I clerked for a District Court Judge my first job out of law school. Prior to court hearings, the Judge regularly brought the lawyers back into his chambers to privately…
A LESSON IN MINNESOTA CHILD CUSTODY LAW FROM DARTH VADER
Handing control of your child’s upbringing to Court ought to be a chilling thought. In order to become a Judge, one requires no credentials in child development or parenting. In…
Who Decides Where the Kids Go to School?
Following a divorce (or custody cases where the parties were never married) parents often disagree about where their children should go to school. In most cases, one parent simply wants…
HARASSMENT RESTRAINING ORDERS & ORDERS FOR PROTECTION, ONGOING PROTECTION FROM PRIOR BAD ACTS
In Minnesota, a victim of domestic abuse can seek an Order for Protection [OFP] from the court, prohibiting contact from an abuser for up to two (2) years or longer….
PARENTING TIME & CHILD CUSTODY DISPUTES: LEAVE YOUR KIDS OUT OF IT!
Parents should know better than to involve their children in parental disputes. After all, whatever the reasons for the breakdown of the parents’ relationship; it isn’t the kid’s fault. For…
Minnesota Recognition of Parentage & Its Effect on Child Custody & Adoption Proceedings
A child born to unmarried parents creates a bit of a child custody conundrum under Minnesota law. For one, without a legal document recognizing paternity or parentage of a child,…
NON-MARITAL INTERESTS: THE ROAD TO EQUITY IN A DIVORCE
Minnesota divorce law requires that Courts assume all property owned by divorcing spouses is marital; meaning both spouses have an interest in everything they own. Minn. Stat. 518.003,,subd. 3b. And…
Factors To Consider When Seeking an Order For Protection
In 1979 Minnesota’s Domestic Abuse Act was created to grant relief to victims of domestic abuse. Included in that relief is an Order for Protection (‘OFP’) which, among other remedies,…
Paternity; Still a Matter of Biology
In Minnesota, the legal relationship between a child and parent is recognized because there are rights awarded and obligations imposed by that relationship. The State has an interest in not…