The court can also consider a change if the parent with custody has denied or interfered with the parenting time of the other parent. However, parenting time problems alone are usually not enough to change custody. Denying or interfering with a parenting time schedule is a factor that a court may consider in deciding to change custody. A judge can also change custody based on the “best interests of the child,” if both parents agreed to use that standard in a writing approved by the court.
The Brown Law Offices, P.A., is a northwest Twin Cities divorce and family law firm. Our award-winning attorneys have represented thousands of clients since 1998. Key practice areas include divorce, custody, child support, paternity, prenuptial agreements and step-parent adoption. Our lawyers handle cases throughout Minnesota, serving primarily Hennepin, Anoka, Sherburne and Wright County. We offer a free consultation to all potential clients.
Most children of divorce exhibit signs of emotional, psychological, behavioral, and social distress. Many have significant adjustment problems and show lower academic achievement when compared with children from intact families. According to one study, 37 percent of children from divorced homes were psychologically troubled and manifested moderate to severe clinical depression, even five years after a divorce. And children deprived of frequent access to their fathers tend to show diminished self-esteem, lasting many years after the divorce.
John grew up in Bloomington, MN and graduated from Jefferson High School in 1985. He attended Mankato State University on a football scholarship before attending Indiana University School of Law and receiving his JD with honors in 1992. He moved his office to Burnsville, MN in 1994 and has remained in the same location for over 20 years. At Burns Law Office our practice is limited to family law matters such as divorce/separation, child custody, child support, father's rights, alimony/spousal maintenance, prenuptials and related matters. John is one of the most respected and experienced attorneys in...
Going through a divorce can be one of the toughest times in your life. You need a lawyer who understands what you're going through and who can help you look at the practicalities as well as the legalities you need to deal with. You need a lawyer who can be aggressive and fight for what you are entitled to, but who will also be honest with you about what is reasonable in the eyes of the law.
Attorney Andrew T. Poole practice in all areas of criminal defense and family law in Duluth, Minnesota. Mr. Poole graduated from law school in 2010 and moved to Duluth with his Duluth-native wife. Soon after moving to Duluth, Mr. Poole started his own law practice called Poole Law Office PLLC, which he operated until becoming a partner at LaCourse, Poole & Envall, P.A. in 2017. Mr. Poole's hard work and commitment to criminal defense and family law has earned him recognition as a Rising Star by Super Lawyers Magazine. He has also been named a Top...
If you can prove that an item of property was "non-marital," the court will not usually award that property to your spouse. Non-marital property is property owned by one of you before your marriage, or was a gift or inheritance to you alone during your marriage. Portions of a personal injury or Workers Compensation award might also be non-marital. The court may award non-marital property to the non-owner spouse only if it would cause unfair hardship or under other limited circumstances.
If the case does settle, the mediator will urge the parties to sign a settlement to memorialize the agreement. A written settlement agreement is a contract between the parties, which is generally enforceable in the same manner as any other written contract. Generally, there's no record of the mediation session, and the only document produced is the settlement (or mediation) agreement.
Couples who are headed for a trial date may be ordered by the court to go through mediation before that date is set, however, mediation can also be voluntary. If the couples are unable to resolve their issues through mediation, they are free to pursue any other remedies they choose. Mediation is generally better for the children involved, as it allows the couple to make decisions which are in the best interests of the entire family in a non-contentious manner. Children can be damaged by hearing their parents argue and say things to one another that children should not hear. Many parents who end up litigating their divorce are not hesitant to say ugly things about the other parent in front of the children. Parents who make a conscious decision to mediate their divorce, are also more likely to be aware of ensuring the children are not privy to contentious behavior between the parents.
Remember that even though your children may be small today, as they grow up your roles as parents will change. You may have to consult with each other on important life decisions such as medical needs, or see each other at milestones like graduations, weddings, and the birth of your grandchildren. Learning to effectively co-parent early on will help you years down the road.
Lisa Kallemeyn is a Qualified Neutral under Rule 114 of the Minnesota Rules of Practice and serves on the Early Neutral Evaluation Panel in Anoka County for Custody/Parenting Time Evaluations and for Financial Evaluations and is one of the more experienced evaluators in the County. In addition to offering a mediation option, she maintains a family law practice. This enables her to stay in touch with the Court system and to give mediation clients a realistic picture of what to expect from the Court– whether they reach an agreement or not, and to help you reach an agreement that will be accepted by the Court. Lisa mediates all family disputes, including personal property issues.
Emptying the joint bank checking or savings account in anticipation of divorce would ordinarily be frowned upon, unless you had a very justifiable reason. Be warned, however, that your spouse may beat you to it. I’ve seen joint bank accounts cleaned out by the other party many times, and many times there is unapproved spending by the other spouse as the divorce approaches. Although this can be accounted-for and compensated-for in the divorce property settlement, it can still cause great difficulty if you need the money during the pendency of the proceedings and have to litigate to get any of it back.
Resolutions emerge from the mediation that are created and accepted by BOTH parties. The resolution will reflect each party's individual values and unique needs. Our experience has shown that settlements created with full participation of the parties, in face-to-face negotiations, are more likely to satisfy the needs of all parties and be honored in the future because they have crafted it themselves.
Mediation also allows couples to avoid the risks of trial, protects confidentiality, and decreases stressful conflict. Mediation may also protect the children of a marriage from the pain of parental conflict. Because the parties work to create their own agreements, couples who mediate their divorce settlement often find greater satisfaction than those who go to trial. Moreover, the couples learn skills to help them resolve future conflicts.
Many of those who have successfully gone through divorce mediation note it is a much less expensive alternative to litigation. The costs of litigation are generally an unknown until the case settles. At that time the spouses may be shocked at the level of fees they have incurred through attorney’s fees, expert witnesses, depositions, preparation of the case for trial, filing motions back and forth and many other things associated with divorce litigation. Mediation, on the other hand, allows couples to have a good estimate of the number of hours it will take to resolve the issues at hand. The ultimate goal of mediation is to resolve the issues quickly, and this translates to financial savings.
1. Don’t make your attorney justify every single decision, no matter how small. We’re happy to do it, but it takes time, and time costs you money. The point is not for you to acquire a law school education. The point is to represent your interests with excellence and efficiency. If you can’t take your lawyer’s word for something, it’s time to get a new lawyer. Otherwise, it’s much cheaper to give your lawyer a certain amount of “command authority,” at least on matters of procedure and tactics.
A divorce can get complicated if the parties have property (real estate, automobiles, vacation property, pensions, jewelry, etc.) or minor children. Usually, the divorce can be done more quickly if the spouses agree on how to divide the property and handle custody and parenting time with the children. Many cases start out with a lot of disputes, but then the parties are able to reach an agreement. Parties often reach agreement after using alternative dispute resolution (ADR) services outside of court. NOTE: If you feel threatened by or unsafe with the other party, you may want to get legal advice or help from an advocate before using ADR.