Oct
8

Pros and Cons of MN’s Newly Proposed Parental Custody Split

Recently, the Minnesota Legislature has proposed a new set of legislation for child custody agreements. This new legislation, known as HF 887 and HF1666/SF 1295, is significantly more strict in how it views parental custody.

Specifically, it holds that both parents of a child are entitled to equal parenting time. If this legislation becomes law, it would be a dramatic change for many Minnesota parents.

Having a 50/50 custody split as the primary custody agreement may help people in some situations, but not all. In fact, this change has some significant downsides compared to current Minnesota custody laws.

Current Minnesota Child Custody Guidelines

Currently, the state of Minnesota’s child custody law includes a presumption that parents are entitled to 25 [...]

Sep
17

MN Law on Child Supervision is Vague — Your Ex’s Attorney Won’t Be

Minnesota law does not provide a specific age or circumstances under which a child can be left home alone or under the care of another child. However, there are general laws that require adequate and appropriate supervision of minor children.

In general, Minnesota child supervision guidelines are vague and suggest that parents use common sense regarding child supervision.

That said, if you are facing a potential divorce or child custody case, it’s likely that your ex (and their attorney) will be carefully tracking the supervision of the children while they’re in your care, looking for slip-ups that could paint you as a negligent parent.

We’ve put together a guide covering the general child supervision guidelines laid out by the state, [...]

Aug
26

MN Family vs. Criminal Court, Advantages of a Lawyer Who Knows Both

Family court and criminal court are two distinct systems of law, and it’s common for lawyers to practice either family or criminal law. In some cases, attorneys do practice both.

Family and criminal courts are separate branches of law, and it’s important to know the difference between the two. However, some family law cases also overlap into criminal court, so it’s possible that you’ll need an attorney who is familiar with both systems in order to ensure your best representation.

So what is the difference between family and criminal court, and what kind of lawyer do you need for your situation?

Minnesota Family Court

When a case is processed through family court is considered a civil, rather than criminal, proceeding. [...]

Aug
18

Skip the Child Support in MN, Risk Federal Criminal Prosecution

Child support is an important part of family law in Minnesota.

It’s one of the most important types of support offered to children, helping kids receive the care they need to grow into functional adults. Because of this, the legal system takes the enforcement of child support payments seriously.

In fact, child support is taken so seriously that failing to pay it can lead to federal prosecution. If you disagree with your mandated child support payments, it’s better to fight them in court than to simply not pay.

How Minnesota Child Support Is Determined

Minnesota child support is awarded in order to help cover the costs of raising a child. It can come into play in two ways:

    When married
[...]
Aug
6

Violating a Minnesota Protective Order Can Impact Your Child Custody

Domestic violence is rampant in Minnesota and the US as a whole, and the number of cases has seen a dramatic uptick during the COVID-19 pandemic. A likely contributing factor? Victims and abusers in closer proximity more often and/or for longer periods of time during (semi)lockdown.

For those who are able to maintain distance from a problematic relationship, protective orders are often put into place in order to prevent physical acts of domestic violence and other forms of harassment such as stalking.

The majority of protective orders do stem from genuine threats to a victim’s physical safety and are urgently needed to keep victims and their children safe. However, domestic violence accusations and protective orders are occasionally abused by some [...]