Custody of Children Born Out of Wedlock in Minnesota

Although the legal standards for determining custody of children born out of wedlock are the same as those for determining custody of children born during marriage, the legal status of the father prior to the issuance of the custody order is an important consideration which has strategic implications whether you’re the father or the mother. An article I have written and posted on my web site discusses the unique circumstances of custody disputes over children born out of wedlock: “Custody of Children Born Out of Wedlock in Minnesota.”

Parenting Consultants in Minnesota Divorce & Custody Cases

The rise in the use of Parenting Consultants in Minnesota divorce and child custody cases prompted me to write an article on the subject, available here: “Parenting Consultants in Minnesota.”

Parenting TIme (Visitation) in Minnesota Divorce & Custody Cases

I’ve drafted an important article on parenting time which addresses: 1) the right to parenting time; 2) typical parenting time schedules; and 3) modification of parenting time. Read the full article here: “Parenting Time in Minnesota Divorce and Child Custody Cases.”

Paternity in Minnesota

Establishing paternity over children born out of wedlock, and the related child custody considerations in this situation, are discussed here in an article I have posted on my website: “Paternity in Minnesota.

Post-Nuptial Agreements in Minnesota

I’ve had many clients over the years who have anguished over the issue of whether or not to get a divorce, not so much because they wanted one at that point in time, but more because of fear that they would be in a worse position if things continued the way they were going, and a divorce was likely in the future. The post-nuptial agreement can be a perfect solution in this situation. An article I wrote on the subject is available here: “Post-Nuptial Agreements in Minnesota Divorce.”

Property & Debt Allocation in Minnesota Divorce Cases

Today’s article is a very comprehensive one, discussing several aspects of the apportionment of assets and debts in divorce cases, such as: marital versus non-marital property; property that is partially marital and partially non-marital; income and appreciation on non-marital property; real estate; deadbeat spouses; gifts between spouses; debt allocation; and various tips. As always, citations to legal authority are included. The full article is available here: “Property & Debt Allocation in Minnesota Divorce.”

Spousal Maintenance in Minnesota Divorce Cases

I. Initial Spousal Maintenance Awards.

Spousal maintenance is probably the area of family law that involves the greatest amount of uncertainty, and consequently is subject to frequent litigation. I have written an article which discusses the circumstances under which spousal maintenance can be expected, and when it can be modified. The complete article is available here: “
Spousal Maintenance in Minnesota.

Step-parent Visitation in Minnesota Divorce Cases

Contrary to common belief, there are circumstances when stepparents can obtain court-ordered parenting time. That is the subject of an article I have written and posted here: “Step-parent visitation in Minnesota.”

Dirty Tricks to Avoid in Minnesota Divorce & Custody Cases

I despise dirty tricks. Today’s article exposes some of them so that -- I hope -- fewer people will be duped. Read it here: “Dirty Tricks to Avoid in Minnesota Divorce.”

Physical Custody in Minnesota Divorce & Custody Cases

Today’s article is an important one, which I drafted to provide insight into the factors which the court and custody evaluators consider when making physical custody determinations. The so-called “best interest factors” are listed in many places. I give you my elaboration on them, to better inform readers of how each factor is applied in practice. The full article is available here: “Physical Custody in Minnesota.”

Legal Custody in Minnesota Divorce & Custody Cases

Legal custody refers to decision-making power over the major decisions in a child’s life. The article I have drafted on this subject discusses the circumstances under which joint legal or sole legal custody are awarded, and also discusses how legal custody disputes between joint legal custodians are required to be resolved. The full article is here: “Legal Custody in Minnesota Divorce and Custody Cases.

Who Gets the Kids While We Wait to Go to Court?

It is often the case that parties dispute who may have the children during the time period while they wait to get to court, which can be weeks to months away, depending on the county. A have answered this frequently asked question here: “Who Gets the Kids While We Wait to Go to Court?