Category: Family Law
Can Grandparents Get Court-Ordered Visitation or Custody in Minnesota?
April 4, 2013 | Elizabeth A. SchadingMore and more grandparents are raising the children of their children. And grandparents can often find it very difficult to get time with their grandchildren after a divorce. Courts often lump in grandparent’s time with Mom or Dad’s parenting time. If your son or daughter doesn’t make sure that you get time with your grandkids then you might find yourself in an awkward position. There are many reasons why this happens. Sometimes parents don’t exercise their parenting time rights. It’s also possible that your son or daughter didn’t get much of a parenting time award to begin with, or was denied access due to abuse that you had nothing to do with. The death of a child’s parent may further complicate your ability to see your grandchild. Or you might be estranged from your own son or daughter, which means you have found yourself in a situation where neither parent wants to help you. In Minnesota, there are specific situations where the court might be willing to entertain the notion of grandparent’s custody or parenting time. They are: The child’s parent (your child or the spouse) is deceased. The child’s parents are getting divorced. The child lived with you for over a year. You were involved in certain legal proceedings regarding the children,…
Read MoreHow Does Custody in Mineesota Work When Your Child is Born out of Wedlock?
April 1, 2013 | Elizabeth A. SchadingFamily law in Minnesota isn’t just about divorce. It’s about all kinds of issues that impact all kinds of families. The fact that some children are born out of wedlock is just simple reality. It’s also reality that the fathers of these children might sometimes want custody of them, or at least access to them. We say “fathers” because there’s no custody issue for unwed mothers. Under Minnesota law a mother who has a child out of wedlock has sole legal and physical custody of that child until and unless a court issues a custody order which says otherwise. Child support is a reality also, and it’s not dependent on marriage. The courts can be expected to make decisions based on their perception of the best interests of the children. The children of unmarried parents are just as protected as the children of married parents. Some fathers seek legal protection before the relationship fails. They may, for example, seek to file a joint custody petition while living with the child’s mother. Paternity has to be legally determined before a father has rights to children born out of wedlock. This is accomplished by a Recognition of Parentage statement which both parents have to sign, or a Judgment of Paternity. If you are facing a…
Read MoreWhat Happens to the Family Pet During a Divorce in Minnesota?
March 28, 2013 | Elizabeth A. SchadingThe fate of the family pet is not always the first thing people think about when a divorce is on the horizon. Yet your beloved dog or cat has to go with one of you. Here’s what you need to know about pets and divorce in Minnesota. First, you might see your dog as your “furry child,” but the courts generally don’t. That means the courts are not, in general, going to rule on things like visitation and “pet support,” (which doesn’t exist). Pets are instead considered to be part of the marital property. You also shouldn’t expect the courts to order your spouse to pay a share of the vet bills if you get Fluffy or Fido. If you get the “property” you usually get the costs of maintaining that property, too. That’s not to say that judges don’t recognize that there are some special considerations to think about when it comes to pets. Here are some of the factors the judge might consider: When did the pet arrive? If your spouse owned the dog or cat before you were married it might just be classified as your spouse’s personal property, rather than as marital property. Who takes care of the pet? The spouse who takes primary responsibility for feeding, exercising, and/or…
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