As I state in all of my posts, the answer to the title of this post depends on where you live, and you should speak with a licensed family law lawyer in your area for further questions on this issue. I have litigated many post-dissolution motions brought by my own clients and I have defended…
In a humorous decision by the Minnesota Court of Appeals, the court has upheld a district court’s decision that a person cannot bring a harassment lawsuit against his uncle for posting childhood pictures of the nephew on Facebook. According to the appelate court, the claim did not rise to the level of constituting harrasment as defined by…
In the bad idea department, Republican Senators in Minnesota seek to create a two-year waiting period in Minnesota for divorces. Let me start by stating that, in my humble estimation as a practicing Minnesota divorce lawyer, this bill is a really, really bad idea. The sole benefit of a bill like this will be to make…
According to the Minnesota State Court of Appeals, in the case of In the Matter of the Welfare of the Child of: E. A. C., Parent., A11-1562, Minn. Ct. App. (2012), a district court judge in the State of Minnesota must apply all subsections of 25 U.S.C. § 1912 (2006) when determining whether reuniting a…
I don’t know how many people realize this, but most states have some form of self-help websites for people who may not have an attorney. I’ll let you in on a little secret: these websites are generally really good. I use them myself sometimes and I’m a family law lawyer. Despite these websites being available,…
The parent who has typically performed the traditional role of homemaker and caretaker of the children will be most likely to establish primary parent status for purposes of a temporary custody and child support order. This means that the primary caregiver is most likely to receive temporary custody in a divorce or legal separation proceeding.…
Although the law changes from state-to-state, and you should talk with a licensed family law lawyer in your area, there is some general information which should be included in every motion for modification of child support. In any case involving the establishment or modification of an existing child support order, the initiating party should include…
Although the law changes from state-to-state, and you should check with a family law lawyer in your area for specifics on child support law, when making a child support determination, judges must make specific findings based on real evidence presented to them at the time of the child support hearing. You might ask your self:…
