Family Law

A dissolution of marriage (divorce) is the termination of the legal marital relationship between two people.  In a dissolution case, the rights of the parties can be determined with respect to child custody, parenting time (visitation), child support, medical support, child care support, spousal maintenance (alimony) and division of property.  At the end of a dissolution case, the Court will issue an Order dissolving the parties’ marriage and determining their rights.

Contact us to arrange an appointment to speak to one of our lawyers about your dissolution (divorce) case.

*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.

Child custody can be determined in dissolution, legal separation, paternity, a child in need of protection and termination of parental rights cases. The custody of children is determined with respect to legal and physical custody.

• Legal custody means the right to determine the child’s upbringing, including education, health care, and religious training.
• Physical custody means the routine daily care and control and the residence of the child. 
• Custody can be either joint or sole.
• Joint legal custody means that both parents have equal rights and responsibilities, including the right to participate in major decisions determining the child’s upbringing, including education, health care, and religious training. It also means that the parents must come to an agreement regarding those matters.
• Joint physical custody means that the routine daily care and control and the residence of the child are structured between the parties.
• Sole legal custody means that only one parent is responsible for determining the child’s upbringing, including education, health care, and religious training.
• Sole physical custody means one parent is responsible for the routine daily care of, control of and the residence of the child if sole physical custody is contemplated.

Minnesota Child Custody Lawyers

An initial custody determination is made by a Court upon the request of one or both parents.  In making this determination the Court examines the “best interests” of the child or children with respect to whether custody should be sole or joint and, with respect to legal custody, also examines factors regarding the ability of the parties to cooperate in the raising of the child or children.

Contact us to arrange an appointment to speak to one of our lawyers about your child custody matter.

*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.

Child support is an obligation requiring one party to pay the other party a sum of money intended to provide for the care and maintenance of a joint child or children.  Child support in Minnesota is governed by the Minnesota Child Support Guidelines. In determining child support, a Court will examine many factors including how much parenting time a party is afforded by a Court Order, the gross income of the parties, whether a party is willfully unemployed or underemployed, whether either party has nonjoint children living in their household, whether either party pays spousal maintenance, whether either party pays child support for nonjoint children and whether either party receives Social Security or Veteran’s benefits for the benefit of the child or children.

Child Support In Minnesota

In addition to child support, medical support and child care support are often determined. Medical support apportions the responsibility of the parties with respect to the medical care of the child or children.  This apportionment will determine the responsibilities of the parties to pay for medical and/or dental insurance premiums, and unreimbursed medical or dental expenses for the child or children based on the income of the parties.  In addition, a party paying for medical and dental insurance for the child or children can affect or offset a total child support obligation.

Child care support represents a party’s obligation to pay for work-related child care necessary for the parties’ child or children.  The apportionment of this obligation is determined by the cost of child care for the parties’ child or children and who incurs the cost.

Child support, medical support and child care support are complementary. Generally, child support, medical support and child care support are determined in one proceeding and the determinations with one aspect of support may affect the others.

Contact us to arrange an appointment to speak to one of our lawyers about your child support matter.

*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.

Paternity cases determine the parentage (paternity), custody and support of/for children between parties that were never married. These cases can be initiated by individuals or by the county in which the mother and child reside.  In cases initiated by individuals, a party asks a Court to determine the parentage (paternity) of a child and generally to determine custody, parenting time, child support, medical support, and childcare support. In cases where the mother of a child receives public assistance for the benefit of the child, the county of the mother/child’s residence may initiate a paternity action to seek compensation from the father of a child or children for the public assistance provided by the state.

Contact Us to arrange an appointment to speak to one of our lawyers about your paternity case.

*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.

In a dissolution or legal separation case, a court may determine that one party is entitled to spousal maintenance (alimony) payments from the other party. A Court may determine that one party is entitled to spousal maintenance from the other party when they either:

(a) lack sufficient property, including marital property, apportioned to the spouse, to provide for reasonable needs of the spouse considering the standard of living established during the marriage, especially, but not limited to, a period of training or education

or

(b) are unable to provide adequate self-support, after considering the standard of living established during the marriage and all relevant circumstances, through appropriate employment, or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home. Spousal maintenance can be either temporary or permanent.

Contact us to arrange an appointment to speak to one of our lawyers about your spousal maintenance (alimony) matter.

*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.

Parenting time is the time a parent spends with a child regardless of the custodial designations. The amount, duration and conditions of parenting time that is awarded in a specific case will vary but the guiding purpose of awarding parenting time is to enable the child or children and the parent to maintain a parent-child relationship that is in the best interests of the child or children.

Parenting time may be either supervised or unsupervised.  It is presumed that parenting time will be unsupervised. However, if a Court determines that parenting time with a specific parent is likely to endanger the child’s physical or emotional health or impair the child’s emotional development, it may require a party’s parenting time to be supervised or Order that no parenting time occur at all.

Contact us to arrange an appointment to speak to one of our lawyers about your parenting time (visitation) matter.

*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.

Adoption is a legal process whereby a person who is not the biological parent of another becomes their legal parent. Adoption is not limited to children because adults may also be adopted. The most common types of adoption are:

1. Relative adoptions (kinship adoptions)
2. Step-parent adoptions
3. Agency adoptions (the adoption of wards of the state or those in orphanages and the like)
4. Private adoptions (between private parties)
5. International or out of state adoptions.

Contact us to arrange an appointment to speak to one of our lawyers about your adoption case.

*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.

Third-party custody cases involve a person or persons, who are not a child’s parents, petitioning the Court for custody of the child. Two types of third-parties may petition the Court for custody: De Facto Custodians and Interested Third-Parties.

A De Facto Custodian is an individual that has been the primary caretaker for a child who has, within the twenty-four (24) months immediately preceding the filing of the custody petition, resided with the individual without a parent present and with a lack of demonstrated consistent participation by a parent for a period of: 1.) Six months or more, which need not be consecutive, if the child is under three years of age; or 2.) One year or more, which need not be consecutive, if the child is three years of age or older. A De Facto Custodian does not include an individual who has a child placed in their care: 1.) Through a custody consent decree; 2.) Through a court order or voluntary placement agreement; 3.) For adoption; or 4.) Through a standby custody designation unless that intent is indicated in the stand by custody designation. The burden is on the De Facto Custodian to prove their status and to prove that it is in the best interests of the child that they are granted custody.  In making such a determination, the Court will examine certain factors surrounding the parent’s lack of demonstrated consistent participation.

Minnesota Third Party Custody Attorney

An Interested Third-Party is an individual who is not a De Facto Custodian who can establish either: 1.) That the parent has abandoned, neglected, or otherwise exhibited a disregard for the child’s well-being to the extent that the child will be harmed by living with the parent; 2.) Placement of the child with the Interested Third-Party takes priority over preserving the day-to-day parent-child relationship because of the presence of physical or emotional danger to the child or both, or 3.) Other extraordinary circumstances.  An Interested Third-Party must also prove that it is in the child’s best interests to be placed with them and that a Minnesota Statute governing the grant of custody to persons convicted of certain crimes will not be violated. An Interested Third-Party also cannot be an individual who has a child placed in their care through a custody consent decree, through court order or voluntary placement or through adoption.

Contact us to arrange an appointment to speak to one of our lawyers about your third-party custody case.

*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.

Grandparents may be entitled to receive court ordered visitation with their grandchildren. However, grandparent visitation is complicated and will depend on:

1. Whether a legal proceeding has been instituted or may be instituted;
2. Whether the minor child is married or unmarried;
3. The grandparent’s relationship to and with the child
4. The grandparent’s relationship to a parent of the child;
5. Whether the parent of the child is alive or dead;
6. The parent’s relationship to the child both legally and with respect to the parent’s presence in the child’s life
7. Whether that relationship would be interfered with by the grandparent being granted visitation;
8. Whether or not the child has resided with the grandparent;
9. Whether the minor child has been adopted and, if so, by whom.

Visitation Lawyer

Other persons, including relatives, may also seek court ordered parenting time with a minor child although it is much more difficult than when a grandparent does.  The minor child must be unmarried, must have resided in a household with the person seeking visitation for two years or longer and must no longer reside with them. The person seeking visitation also must not have been a foster parent to the child.  If these conditions are met, the person seeking visitation may petition the Court for an order granting the person “reasonable visitation rights” to the child during the child’s minority.

In determining whether to grant such an order, the Court will consider, among other things, whether visitation rights would be in the best interests of a child, whether the person seeking visitation and the child have established emotional ties creating a parent and child relationship, whether visitation rights would interfere with the relationship between the custodial parent and the child and what the reasonable preferences of the child are if they are of a sufficient age to express such a preference.

Contact us to arrange an appointment to speak to one of our lawyers about your grandparent and other relative visitation matter.

*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.

A person may Petition the Court for an Order for Protection (OFP).  The Petition must allege that domestic abuse has occurred between household or family members.

Domestic abuse is defined as:

1. Physical harm;
2. Bodily injury;
3. Assault;
4. Infliction of fear of imminent physical harm;
5. Infliction of fear of imminent bodily injury;
6. Infliction of fear of imminent assault;
7. Terroristic threats;
8. criminal sexual conduct;
9. Interference with an emergency call.

Household or family members includes:

1. Spouses and former spouses;
2. Parents and children;
3. Persons related by blood;
4. Persons who are presently residing together or who have resided together in the past;
5. Persons who have a child in common regardless of whether they have been married or have lived together at any time;
6. A man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time;
7. Persons involved in a significant romantic or sexual relationship.

Once a Petition for an Order for Protection has been filed, the Court will review the Petition and determine whether the Petition alleges an immediate and present danger of domestic abuse.  If the Court so finds, it may issue an ex-parte Order for Protection meaning that an Order for Protection will immediately go into effect. If an ex-parte Order goes into effect, under most circumstances the Court will not schedule a hearing unless requested by one of the parties.

If the Court declines to grant an ex-parte Order for Protection a hearing must be scheduled. If a hearing occurs, the Court may grant an Order for Protection after finding that domestic abuse has occurred, dismiss the Petition for an Order for Protection and the ex-parte Order if any, or grant an Order for Protection without findings that domestic abuse occurred based on the agreement of the parties that an Order issue.

Order For Protection Lawyer

Orders for Protection may grant various types of relief and impose various types of restrictions on people.  Types of relief that may be granted include, among others: child custody, parenting time, possession of animals or property, possession of real estate and requiring persons to attend various types of programming like domestic abuse classes.  Restrictions that may be imposed include among others: preventing contact between certain people, restraining one party from committing acts of domestic abuse, restraining a person from coming to or within a certain distance of the protected party’s home, work or other location and preventing one party from shipping, possessing or using firearms or ammunition.

Violations of Orders for Protection are enhanceable crimes in the State of Minnesota, meaning that the seriousness of the offense increases if the violator has prior convictions for violating Orders for Protection within a specified timeframe or is in possession of a dangerous weapon at the time of the violation.  Misdemeanor level violations of an Order for Protection are punishable by up to ninety (90) days in jail and/or a $1,000.00 fine.

Gross Misdemeanor level violations of an Order for Protection are punishable by up to three hundred and sixty-five (365) days in jail and/or a $3,000.00 fine.  Felony level violations of an Order for Protection are punishable by up to five (5) years in prison and/or a $10,000.00 fine. In addition, under certain circumstances, a person who is restrained by an Order for Protection may be subject to federal criminal charges if they ship, use or transport a firearm.

Contact us to arrange an appointment to speak to one of our lawyers about your order for protection case.

*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.

A person may petition the Court for a Harassment Restraining Order (HRO). The person seeking the Harassment Restraining Order (Petitioner) must allege that they have been harassed by the person or organization they are seeking the Order against (Respondent). Harassment is defined as the following acts:

1. a single incident of physical or sexual assault or repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial adverse effect or are intended to have a substantial adverse effect on the safety, security, or privacy of another, regardless of the relationship between the actor and the intended target;
2. targeted residential picketing;
3. a pattern of attending public events after being notified that the actor’s presence at the event is harassing to another.

Once a Petition for a Harassment Restraining Order is filed, the Court will review the Petition and determine whether there are reasonable grounds to believe that harassment has occurred and, in most, cases whether the Petition alleges an immediate and present danger of continued harassment.

If the Court so finds, it may issue a temporary Harassment Restraining Order that will immediately go into effect. If the Court issues a temporary Harassment Restraining Order, a hearing will be held to determine whether a long-term Harassment Restraining Order should be issued upon the request of the Respondent.

If the Respondent does not request a hearing, the temporary Harassment Restraining Order may stay in effect up to two years. If the Court does not issue a temporary Harassment Restraining Order, the Petitioner may request a hearing and the matter will be set on the Court’s calendar.

If a hearing is held, the Court may grant a Harassment Restraining Order based on the agreement of the parties without making any findings of fact regarding whether harassment occurred, issue a Harassment Restraining Order with findings that harassment occurred or dismiss the Petition.

Restraining Order Lawyers

Harassment Restraining Orders may grant only certain types of relief. Harassment Restraining Orders may restrict the Respondent from harassing the Petitioner, having contact with the Petitioner and going to Petitioner’s home or work. Harassment Restraining Orders cannot determine, among other things, child custody, child support, possession of animals or property, possession of real estate or require persons to attend various types of programming like domestic abuse classes.

Violation of a Harassment Restraining Order is an enhanceable crime in Minnesota. A first time violation of a Harassment Restraining Order is a misdemeanor unless certain criteria are met. If certain criteria are met first and subsequent violations of Harassment Restraining Orders become more serious and can be gross misdemeanors or felonies.

Contact us to arrange an appointment to speak to one of our lawyers about your Harassment Restraining Order case.

*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.

Ante-nuptial (pre-nuptial) agreements are a contract made between two people prior to their marriage. An ante-nuptial agreement allows the two people to determine what rights each has to property if a dissolution, legal separation or death occurs. Generally, Ante-Nuptial agreements are utilized to protect property one party had an interest in before the marriage so as to prevent the other party from gaining an interest in that property. In order to be binding in Minnesota, an Ante-Nuptial agreement must be made before the solemnization of the marriage, there must have been a full and fair disclosure of the earnings and property of each party, each party must have had an opportunity to consult with legal counsel of their own choice, it must be in writing, it must be executed in the presence of two witnesses and acknowledged by the parties before any officer or person authorized to administer an oath under the laws of the State of Minnesota.

Contact us to arrange an appointment to speak to one of our lawyers about Ante-Nuptial agreements.

*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.

Many orders that are issued in family law proceedings may be modified at a later date. There are different standards to modify different types of orders. There may also be time limits or constraints on modifying existing orders. Accordingly, the exact procedure and means to modify an existing Order will depend on the remedy being sought.

Contact us to arrange an appointment to speak to one of our lawyers about modification of existing orders.

*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.

Child in Need of Protection or Services (CHIPS) cases is initiated by the County of a child’s residence. They are initiated by a Petition filed by the County. The County must allege that the child at issue in the Petition is in need of protection or services because the child is:

• is abandoned or without parent, guardian, or custodian;
• (i) has been a victim of physical or sexual abuse (ii) resides with or has resided with a victim of child abuse or domestic child abuse, (iii) resides with or would reside with a perpetrator of domestic child abuse or child abuse, or (iv) is a victim of emotional maltreatment;
• is without necessary food, clothing, shelter, education, or other required care for the child’s physical or mental health or morals because the child’s parent, guardian, or custodian is unable or unwilling to provide that care;
• is without the special care made necessary by a physical, mental, or emotional condition because the child’s parent, guardian, or custodian is unable or unwilling to provide that care;
• is medically neglected, which includes, but is not limited to, the withholding of medically indicated treatment from a disabled infant with a life-threatening condition. The term “withholding of medically indicated treatment” means the failure to respond to the infant’s life-threatening conditions by providing treatment, including appropriate nutrition, hydration, and medication which, in the treating physician’s or physicians’ reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all conditions, except that the term does not include the failure to provide treatment other than appropriate nutrition, hydration, or medication to an infant when in the treating physician’s or physicians’ reasonable medical judgment: (i) the infant is chronically and irreversibly comatose; (ii) the provision of the treatment would merely prolong dying, not be effective in ameliorating or correcting all of the infant’s life-threatening conditions, or otherwise be futile in terms of the survival of the infant; or (iii) the provision of the treatment would be virtually futile in terms of the survival of the infant and the treatment itself under the circumstances would be inhumane;
• is one whose parent, guardian, or other custodians for good cause desires to be relieved of the child’s care and custody, including a child who entered foster care under a voluntary placement agreement between the parent and the responsible social services agency;
  has been placed for adoption or care in violation of law;
• is without proper parental care because of the emotional, mental, or physical disability, or state of immaturity of the child’s parent, guardian, or other custodians;
• is one whose behavior, condition or environment is such as to be injurious or dangerous to the child or others. An injurious or dangerous environment may include, but is not limited to, the exposure of a child to criminal activity in the child’s home;
• is experiencing growth delays, which may be referred to as failure to thrive, that have been diagnosed by a physician and are due to parental neglect;
• has engaged in prostitution;
• has committed a delinquent act or a juvenile petty offense before becoming ten years old;
• is a runaway;
• is a habitual truant;
• has been found incompetent to proceed or has been found not guilty by reason of mental illness or mental deficiency in connection with a delinquency proceeding, a certification to face criminal charges as an adult, an extended jurisdiction juvenile prosecution, or a proceeding involving a juvenile petty offense;
• has a parent whose parental rights to one or more other children were involuntarily terminated or whose custodial rights to another child have been involuntarily transferred to a relative and there is a case plan prepared by the responsible social services agency documenting a compelling reason why filing the termination of parental rights petition is not in the best interests of the child; or
• is a sexually exploited youth.

Children who are subject to CHIPS proceedings may be removed from their parent’s care and the parents may be required to complete a case plan that governs programming for the parents and what type of contact may be had between the parents and the children. CHIPS cases have complicated statutory rules and may also implicate federal law like the Indian Child Welfare Act.

Contact us to arrange an appointment to speak to one of our lawyers about your CHIPS case.

*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.

Termination of parental rights cases can be a very serious type of Child in Need of Protection or Services (CHIPS) cases. In CHIPS cases, the County may ask the Court to terminate a parent’s rights.  Once terminated, the parent no longer has any legal rights with respect to their child.

Contact us to arrange an appointment to speak to one of our lawyers about your termination of parental rights case.

*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.