Category: Family Law
How 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…
Read MoreHow Can I Make a Positive Impression in Divorce Court?
March 25, 2013 | Elizabeth A. SchadingWhen you get a divorce you are putting a big portion of your future into the hands of someone who doesn’t know you very well: the judge. A judge has little to go on except what’s in the divorce papers, the arguments of divorce lawyers, the testimony of any witnesses that might be called and how you present yourself in the courtroom. From these incomplete sources he or she will determine some of the most important issues in your life. If you have children the judge will, in particular, be trying to determine parenting rights. First, pay attention to your conduct prior to your court date. This is a bad time to go out drinking and posting the pictures on social media. You want to make sure you present yourself in the best possible light instead of giving your soon to be ex-spouse fuel to the fire. Assume you are living under a microscope. Assume that you’ll have to make an accounting of nearly every action you take once divorce papers have been served. Watch what you say, both in the courtroom and outside of it. As mentioned above, this means pay particular attention to electronic communications during a divorce. Avoid threatening or vindictive statements. Assume that everything written, including e-mails and texts,…
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