The Legal Framework Surrounding Custody Modification
October 16, 2023 | Jason C. Brown
Few things in family court are more difficult than modifying custody. Though not impossible, the process can be daunting and require extensive legal legwork. Keep reading to find out more about the legal framework surrounding custody modification. Modifying Custody Custody modification involves multiple hearings and a four-pronged legal framework that has been in place for decades. The party seeking to modify must initially schedule a motion hearing and file the necessary papers with the district court. These factors are crucial: Whether there has been a substantial change in circumstance since the most recent custody order; Whether the best interest of the child is served by modifying custody; Whether the existing custodial parent’s home environment endangers the physical or emotional health of the child; Whether the harm caused by modification is outweighed by the benefit of the change The moving parties’ allegations are to be accepted as true by the court. If those assumed facts rise to the level of endangerment, the court will make a preliminary determination that an evidentiary hearing is necessary to make a final decision on the matter. The court may opt to modify custody or parenting time on a temporary basis, pending the outcome at the final hearing. If the court makes the preliminary finding that modification is appropriate,…
Read MoreWhat is Involved in Appealing the Outcome in a Divorce
October 16, 2023 | Jason C. Brown
While the vast majority of marital dissolution actions are resolved through agreement of the parties, some cases require a trial. After trial, the judge assigned to your case will issue their Findings of Fact, Conclusion of Law, Order for Judgment, and Judgment and Decree. But what happens if you aren’t in agreement with the findings? Keep reading to find out what is involved in appealing the outcome of a divorce. What Can You Do if You Find Yourself at Odds with the Decision of the Court? A litigant may file number of post-trial motions, such as a motion for amended findings or a motion for a new trial. However, the most common step involves filing a motion with the Minnesota Court of Appeals. Every litigant has the right to file an appeal if they are dissatisfied with a district court order. The appellate process begins by serving and filing a Notice of Appeal with the district court and providing proof of doing so to the appellate court. That simple document provides the relevant case caption, names of the litigants, and names of the attorneys responsible for handling the case. In addition to the Notice of Appeal, a Statement of the Case must be submitted to the appellate court administrator. These instructions outline, in…
Read MoreRisks of Non-Compliance
September 19, 2023 | Carole Clark Isakson
At Barna, Guzy & Steffen, our corporate practice group monitors developments related to the Corporate Transparency Act (CTA). We have addressed various aspects of the CTA in previous blog posts. We recommend reviewing those if you haven’t already done so. Today, we aim to highlight potential implications and risks of non-compliance. Regulations and Disclosures The Financial Crimes Enforcement Network (FinCEN), a bureau within the U.S. Treasury Department, has recently proposed final rules related to the enforcement of the CTA. The bureau’s primary objective is eliminating corporate anonymity and hindering money laundering activities. While the final regulations interpreting and giving detailed compliance instructions on the CTA are not yet available as of the date of this post, a person will be required to make disclosures to FinCEN starting on January 1, 2024, if the person: participated in forming a corporate entity; or owns more than 25% of an entity; or has significant control over an entity, such as making hiring and firing decisions at the C-suite level. You will also need to report to FinCEN when there are changes to the information in the initial report, such as when you relocate or when the ownership or control of the underlying entity changes. Significant Consequences of Non-Compliance Any individual who intentionally supplies false information or…
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