Category

Child Custody
When parties reach an agreement on custody and parenting time, there are often other provisions added into the agreement that would not otherwise be if the court decided the issue. Below are a few common provisions: Right of first refusal: The right of first refusal means that if the parent “on duty” is unable to care for...
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When the court makes a custody determination, the judge is to consider the thirteen “best interest” factors that are set out in Minnesota Statute 518.17. These factors are taken into account for each proposed custodian, and the court makes a final determination by weighing each of the factors. The court cannot choose to ignore certain factors....
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In the state of Minnesota, religion is considered an issue dealt with through legal custody. If the parents can agree on the bigger issues in a child’s life, such as religion or where the child will attend school, the court will often grant joint legal custody and allow the parents to make those decisions together. However,...
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Sometimes when parties are nearing the point of divorce or a custody battle, there is an incident of domestic abuse that occurs between the parties. If the domestic abuse extends to the children, where they either witnessed or were part of the abusive event, the court may restrict parenting time or any contact between the abuser and the...
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Often during the course of a divorce or custody dispute, one parent wants to move out-of-state with the child. Minnesota law requires the parent to either get the consent of the other parent or to get the court’s permission. However, if the decision is up to the judge, it is very difficult to gain permission to leave...
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In the state of Minnesota, if you are the victim of domestic abuse you may be able to obtain an Order for Protection. When an incident of violence occurs during the divorce process or even in a custody dispute once the papers have been filed, a victim is still able to use the court process...
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Parties to a divorce with children, or even single parents with children, usually want to make provisions for what will happen to their child if they were to die. An individual is always able to designate who they would like to be the child’s guardian in their will or other similar documents. However, Minnesota statutes provide another...
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When parties decide to get a divorce, how do they determine the parenting schedule that will be used? The court looks at the 13 “best interest” factors when determining custody. Each of the factors is weighed in the analysis, and the court will determine who should have custody. However, when the parties first separate, there generally is...
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