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…
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…
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…
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:…
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…
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…
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…
Even a ‘Slight Adjustment’ to a Parenting Time Schedule Requires a Parent to Meet a Burden of Proof
In Minnesota, the law says at section 518.175 that a parenting time schedule may be modified if it serves the best interests of the child and doesn’t change the child’s…