In cases where the child is approaching the start of kindergarten, or will be transitioning to middle school, junior high, or high school, this can be a closer call. Obviously the quality of the school will matter. Fortunately school statistics are readily available, including standardized test scores. The Minnesota Department of Education provides School Report Cards on their website.
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.
If you are represented by an attorney, the question will arise whether your attorney should attend the divorce mediation with you. This is something you'll work out with the mediator, your attorney, your spouse, and your spouse's attorney. Very often, family law mediation sessions involve just the divorcing spouses and the mediator. This keeps costs down and ensures that you and your spouse do the talking and make the decisions (lawyers have a tendency to take over when they are present).
Mediationis one ADR method. In mediation, the parties try to work out an agreement between themselves with the help of a neutral third person called a mediator. The mediator helps the parties discuss their disagreements, make compromises and reach their own agreement. Mediation can be helpful because both of you have agreed to the outcome rather than having a big fight and the judge makes decisions for you. Mediation about custody or parenting time can be helpful because you both will continue to be parents to your children and together you can continue to work out parenting issues. In mediation both of you should be able to say what you want and cooperatively work out compromises. If you don't understand things or don't feel you have equal power with your spouse, the mediation is not fair. You can stop the process at any time without reaching an agreement. You only have to try to settle. You can't be forced to agree to something.
Once your negotiations are finished and you have found a solution, either the mediator or one of your attorneys will write an agreement and, in many cases, a parenting schedule or parenting plan. These documents will be incorporated with the rest of your divorce paperwork and become part of your divorce judgment, which means that a court could enforce them if one of you doesn't do what the agreements say you'll do.
A six-month review hearing can be scheduled to make sure parents are following court orders for custody, parenting time and child support. The court cannot change orders at this hearing, but it can take steps to make sure the orders are being followed. Either parent can ask for a six-month review hearing after getting a divorce, custody, child support or parenting time order for the first time. The court administrator can give you a form and the steps needed to ask for this hearing.
If your child has been taken by the other parent, you should contact friends, neighbors, and relatives to get information about the other parent's location. Schools should also be checked to see if the child's records have been transferred. You can also check the State Bureau of Motor Vehicles to see whether a new car license or a new driver's license has been issued to the parent who has hidden or taken the child.
If a parent has been convicted of certain crimes, that parent must convince the court that parenting time with the child is in the child's best interest. These crimes include assault, sexual abuse, parental kidnapping, terroristic threats, felony harassment, domestic assault by strangulation, and stalking. Ask your lawyer if these laws apply in your case.
I’ve heard of cases in which one spouse is so eager for custody of the children that they will relieve the other spouse of any duty to pay child support—which is not in their or the children’s best interests. Green says, “This is explicitly contrary to New York legislative policy—the kids shouldn’t be bargained for the money. The two things are determined separately by the court, so there’s no reason to take less than you’re entitled to under the formula.”
If you do move out, take steps to guard against destruction of property. Videotape the contents of the home (e.g., furniture, art and other valuables) and make copies of important documents (birth certificates, account statements, deeds and insurance policies) before you leave. You may also consider taking your own family heirlooms and other personal, irreplaceable items with you.
Luke J Blahnik is the founder of Law Firm of Luke J Blahnik. Mr. Blahnik was born in the city of Rochester, Minnesota and graduated from Caledonia High School, in Caledonia, Minnesota. In 1998 he received his Bachelor of Science in History from Winona State University, in Winona, Minnesota. He then went on to receive his Juris Doctor degree from Hamline University School of Law in 2001 and was admitted to practice law in the State of Minnesota in 2002. From 2001 through 2004 Mr. Blahnik was a Judicial Law Clerk for the Koochiching County Courthouse, where he...
Like all states, Minnesota requires both parents to support their children, even after a divorce. The amount of child support depends primarily on each parent's income and other resources, and how much time each parent spends with the children. In addition, sometimes the courts will "impute" income to a parent who has the capacity to earn more than he or she actually is earning. To learn more about child support, see Nolo's Child Support area.
Unless your lawyer thinks it's important that you be represented, try the first session without your attorney. (If your spouse is insisting on having an attorney present, you'll want to do the same.) If you're not represented, but you've asked a lawyer to be your consulting attorney just for purposes of mediation, then you'll likely attend the first mediation session on your own. Either way, if you go by yourself and then you find that you can't state your position clearly or stand up for yourself alone, then consider bringing your lawyer to later sessions.
Mediation is flexible and confidential. It gives you and your spouse a way to settle the conflict between you in a way that helps you to work together as parents. This is extremely important if you have children and must interact with your ex-spouse after you are divorced. Mediation brings about communication between the couple, which can then be used when they must discuss issues in pertaining to the children. Lack of communication may have been one of the main reasons for their divorce. Mediation has the ability to help the couple learn to communicate again, if only for the sake of the children, and make their post-divorce relationship better than their married one.
Are you are a green card holder? You may be eligible to apply to become a U.S. citizen. You will need a length of residency in the U.S., knowledge of the U.S. government, and a willingness to swear allegiance to the country. English language skills are generally required, but can be waived in certain circumstances. Find out what exactly is required to become a U.S. citizen.
Jerry has devoted himself exclusively to the practice of divorce and family law in Minnesota since 1993. He practices in all areas of family law including divorce, custody, child support, paternity, grandparents' rights, mediation, appeals, and same sex cases. Jerry is particularly experienced in representing clients in interstate and international divorce and child custody, and frequently advises other attorneys on these issues. Jerry's practice includes collaborative law and alternative dispute resolution. He is the author of the first Minnesota divorce and family law blog in the state, a recurring author for the Minnesota Association for Justice Magazine, and...
When it comes to divorce in Minnesota, it’s important to know that the state favors “equitable distribution.” This simply means that all assets are divided equally among both parties regardless of either party’s wishes. Sometimes, though, this doesn’t necessarily mean that “equitable” will be equal. Rather, the word fair is more the proper term to be used when dealing with property distribution.
“Dear Spouse: I very much regret that we have been unable to agree to a suitable interim parenting time schedule for the children pending the temporary relief hearing scheduled for xx/xx/xx. In order to spare the children the experience of our conflict over this issue, I will abide by the schedule you have unilaterally dictated while we await court action. Nevertheless, I want to make clear my strong objection to this interim schedule, which we both know is not in the children’s best interests.”
The court decides both legal and physical custody. Legal custody is the right to make the major decisions about the children. These include the children's religious upbringing, schooling, and medical care. Physical custody means where the children live and which parent makes the routine daily decisions. Physical custody is what most people think of when speaking about custody.