Category: Family Law

Navigating the Minnesota Family Law Landscape

January 30, 2024  |  Jason C. Brown

Family law issues can be emotional and overwhelming for all involved. From divorce and child custody to domestic violence, each case brings its own set of challenges. In this post, learn more about Minnesota family law and the key principles that govern these sensitive matters. Child Custody One of the most emotionally charged aspects of family law revolves around child custody. Courts prioritize the best interest of the child when determining custody arrangements. Factors such as the child’s well-being, relationship with each parent, and the ability to provide a stable environment are considered. Marriage and Divorce Marriage issues, though rare, involve the requirements for a valid marriage, including age restrictions, consent, and the formalities involved in legalizing the nuptials. Both statutes and case law govern the dissolution of a marriage. Minnesota is a no-fault divorce state. Issues include the division of assets, alimony, child custody, and child support. Adoption Minnesota’s adoption law outlines the legal procedures that prospective adoptive parents must follow to formalize their relationship with an adopted child. Adoption laws vary by jurisdiction. Understanding the nuances of adoption law is important for those looking to expand their families through that process. Domestic Abuse Domestic abuse is another significant aspect of family law. Protective orders and restraining orders are essential tools for…

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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,…

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Understanding Family Law

July 13, 2023  |  admin

Family law encompasses a wide range of legal matters that revolve around familial relationships. It governs issues related to marriage, divorce, child custody, adoption, domestic violence, and more. Understanding family law is crucial for individuals and families navigating through these often challenging and emotional situations. Continue reading our blog as we will provide an overview of family law, discussing its key areas and offering valuable insights to help you have a better understanding of this field. Marriage and Divorce Marriage is a legal contract between two individuals, and family law covers various aspects of this institution. It addresses requirements for a valid marriage, prenuptial agreements, and the legal process of divorce. The family law attorneys at Barna, Guzy & Steffen can guide individuals through the divorce process, including issues such as property division, spousal support, child custody, and visitation rights. Understanding your rights and obligations during a divorce is essential for achieving a fair and satisfactory outcome. Child Custody and Support When parents separate or divorce, determining child custody and support becomes an important issue. Family law strives to protect the best interests of the child and provides guidelines for custody arrangements, visitation schedules, and child support calculations. These matters can be emotionally charged and complex, making the assistance of an experienced family…

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