Category: Family Law
My Divorce is Simple, Can I Do It Myself?
August 1, 2013 | Elizabeth A. SchadingUnfortunately, rarely is there such thing as a “simple” divorce. Problems can arise both during the initial divorce process and after the divorce as circumstances begin to change. For example, let’s say you and your spouse have already agreed on a visitation schedule. That’s great! However, you could leave out things that could become severe points of contention later. For example, you might forget to specify who gets the child for the holidays. Because you used DIY divorce forms there may be nothing in the divorce decree which addresses this issue one way or another. Suddenly you and your ex are caught up in bitter fights about Christmas and Thanksgiving, with no resolution in sight and one spouse perhaps holding an unfair advantage over the other. Now, if you’d like to fix the issue and nail down the matter of holidays you’ll need to go right back to a divorce lawyer, attend mediation or file the matter with the courts, and get it resolved the right way. Fixing your mistakes will end up costing you far more money than simply getting the job done right the first time. We’re not just telling you this because we’re attorneys. We’ve seen these kinds of problems again and again. It’s always easier, quicker, and less expensive…
Read MoreHow 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…
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