Third Party Custody Rights: When a Child’s Best Interests Override Parent’s Rights to 25% Parenting Time
A Minnesota court will award custody rights to a third party (often a grandparent) when a child has been living with that third party for extended periods, without the presence…
Upward Deviations: Making a Parent Pay More Than Guidelines Child Support
Minnesota child support obligations are determined using guidelines established by the legislature. These guidelines (called the ‘Child Support Guidelines’) provide a presumed support amount for courts to use when making…
“Get to Work!” What is ‘Voluntary Underemployment’ and How Does it Affect Child Support?
When it comes to determining child support, Minnesota’s child support laws require that parents work to support their children; accordingly, courts will assume parents can work full-time to financially support…
When Alleging the Conduct is Worse than the Conduct Alleged.
Like the boy that cried wolf, losing credibility can be a parent’s undoing in a child custody dispute. For example, calling the cops on mother for serving your child mac…
Bad Faith Conduct: Don’t Risk The Court Flexing Its Muscles!
Be careful when thinking of defying a mediated settlement agreement in Family Court. Courts will use their inherent authority to impose sanctions as needed to protect their vital functions of:…
Retroactive Child Support – How Far Back in Time Can The Court Go?
When parents are involved in a divorce proceeding, Minnesota law requires that the court consider the child’s financial support, and the parents’ obligations to contribute to that support.Part of that…
Parents’ & Grandparents’ Rights; Fundamental and Protected
In Minnesota, and the United States, parents have a fundamental and protected right to make decisions about their children’s care and custody. This right is recognized by the United States…
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…
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…