How Can I Adopt My Step-Child in Minnesota?
July 29, 2013 | Elizabeth A. SchadingA step-parent’s desire to adopt their wife or husband’s child does come up a lot in family law. However, step-parent adoption is not straightforward. In many ways, proposing a step-parent adoption is like proposing a bid for sole legal and physical custody of the child. That is because in Minnesota the non-custodial parent will be surrendering his or her parental rights completely if he or she allows the adoption to proceed. Sometimes this won’t be hard. When a step-parent adopts the non-custodial parent terminates all parental rights and responsibilities. This means the non-custodial parent will no longer be responsible for paying child support (though he or she will still be responsible for paying any accumulated arrears). [maxbutton id=”1″ ] In this case the non-custodial parent can simply consent to the adoption and it can proceed uncontested with the appropriate paperwork, especially if the child is under the age of 14. If the child is over the age of 14 then you will also need the child’s consent for the adoption. Of course, you probably would have already had extensive discussions with your child before pursuing this course of action and so ideally would already know where your teenager stands on the issue. If you can’t get the other parent to give you written consent…
Read MoreCan I Take My Child Out of the Country after my Divorce?
July 25, 2013 | Elizabeth A. SchadingThere may be limitations on international travel involving your children. You’ll usually need the other parent’s signed authorization just to get a passport for your child if your child is under the age of 16. There is a specific state department form that has to be filled out, signed, and notarized. The form, DS30-53, is only valid for three months. A written court order may sometimes substitute for the other parent’s permission. These are domestic rules. Some countries require additional documentation at the border. Specifically, many will require a notarized statement with the other parent that you have permission to travel out of the country with the child. This statement often has to have additional information, like the specific dates that the other parent is authorizing you to be out of the country. You will not, for example, be able to simply decide to extend your vacation after the fact. These rules are in place to prevent parental kidnapping across international lines. They may seem cumbersome, but they protect you as well. You should also check with your airline to see if they have rules of their own. If you can’t get permission from either your spouse or a judge then there’s little that can be done. You’ll have to resign yourself to…
Read MoreWhen is a Divorce Final?
July 22, 2013 | Elizabeth A. SchadingMany parts of your life will seem to go “on hold” when you are getting a divorce. It’s important to understand when a divorce is final so that you don’t start engaging in activities (like dating) that should really be avoided until the process is complete. It’s common for clients to “feel divorced” when they begin the divorce. Then they discover that divorce is a process, one that can go on for a very long time and feel never-ending. This is frustrating, but until that process is complete you are still legally married in the eyes of the state. There are different types of paperwork that are involved in a divorce that can help you understand when a divorce is final. The first is the “Summons and Petition.” The spouse who initiates the divorce has this document “served” on the other spouse. This means that someone is hired to physically walk up to your spouse and deliver the documents. They cannot be mailed. However, one could agree to accept service by signing an Admission of Service. What’s in the Summons and Petition? The information includes general information like the names of both parties, the address of both parties, the names of all children, and information about employment, assets, and debts. It also includes…
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