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WHAT IF WE, AS THE PARENTS, CAN’T COME TO AN AGREEMENT ON CUSTODY? DO WE HAVE TO GO TO COURT TO SOLVE IT?

Fri, 22 Sep 2023 05:48:29 GMT

What if We as the Parents Cant Come to an Agreement on Custody Do We Have to Go to Court to Solve It?

FAMILY LAW IN EDINA, MN

Before the need for an actual trial, there are steps encouraged to support parents in reaching an agreement on custody. The first step that can be taken if parents cannot agree may be to have a Social Early Neutral Evaluation. This is a form of mediation. This evaluation ideally would be conducted with two professionals, one of each sex. The evaluators hear each parent’s positions on what is best for the child, look into the history of the relationship, and give feedback on what the professionals believe is in the children’s best interest. Parents can accept the recommendation at that juncture or continue to negotiate what they feel is best for the child. If the parents are unable to reach an agreement, they may then participate in a custody evaluation. This is typically conducted with one professional who evaluates the best interest factors set out in the statute. This evaluation normally takes three to six months. After concluding the evaluation, a custody evaluator will issue a report. At that point, if one or both parents do not accept the recommendations from the evaluation or find a compromise within that, the issues are presented to the court for a decision.

Should We Try and Workout Our Contested Custody Arrangement Through Mediation Before Taking the Matter Into Court?

Attempting to resolve the issue outside of the court system is always the best option. Through mediation, each parent may be able to hear and address the concerns of the other parent more effectively and reach a resolution with that greater insight. Evaluative mediation is also an option and involves an evaluative mediator giving feedback on what they believe will be the child’s best interest and what they think a judge may do with the issues presented. If you are unable to resolve matters through mediation, you may bring the matter to a trial before a judge. You must remember the Judge does not know your child, you or the other party. Obviously, a trial is meant to give the court such insight but there is limited time to do so. You are also constrained by the rules of evidence.

If Both Parents Have Joint Legal Custody and They Disagree About Decisions Related to The Child’s Upbringing as The Child Ages, Where Do You Go from There? What Needs to Be Done if You Just Simply Can’t Agree Years Into an Arrangement?

In establishing joint legal custody, it is presumed parents are able to agree on the raising of the child. If there is concern, they may address how they will make decisions in the future and how contested matters will be settled. One option is to bring an issue to mediation. A mediator is not someone who makes the final decision. They are there to help parents make a decision together. The parents could also appoint a parenting consultant. A parenting consultant is a professional with whom the parties would enter into a contract and set out what they are asking the parenting consultant to do. If, for example, it was a school choice, each parent would let the parenting consultant know their position, and it is then up to the parenting consultant to decide that issue based on their research. The parenting consultant can then issue a report that may become the decision. If one parent still does not accept that decision they may seek a decision from the court.

If medical decisions need to be made and the parents are unable to decide together, they could turn it over to a professional such as the treating physician. Based upon the circumstances of the decision, a parenting consultant may also discuss the topic with the relevant professionals in reaching its decision.

What Rights Does a Birth Father Have in Minnesota if Parents Are Unwed?

Immediately upon the child being born, the mother has sole legal and physical custody. Once the father signs a Recognition of Parentage at the hospital, that is no longer the case. A birth father is best to participate in the child’s birth, register with the father’s registry, and/or be actively involved in pre-birth matters and immediately after. If a mother is not cooperating, the best thing you can do is bring a paternity action and get your rights established.

For more information on Child Custody & Parenting Time In Minnesota , an initial consultation is your next best step. Get the information and legal answers you are seeking by calling today.

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IF A BIRTH FATHER CAN PROVE PATERNITY, DOES THAT MEAN HE WILL AUTOMATICALLY GET CUSTODY RIGHTS IN MINNESOTA?

Fri, 22 Sep 2023 05:44:14 GMT

If a Birth Father Can Prove Paternity, Does That Mean He Will Automatically Get Custody Rights in Minnesota?

FAMILY LAW IN EDINA, MN

Being the birth father only establishes paternity rights. If the father desires more than that, there is always the option to take the matter to court.

How Soon After a Final Custody Order Can You Apply for A Modification to That Custody Order in Minnesota?

If you believe that there is an immediate danger to your child who is not in your custody, you can bring an action before the court to address that danger. In other situations, once you have a custody order or decision from the court, the court will not hear the matter for two years after that.

What Is Necessary for The Court to Consider and Grant a Modification to Child Custody or Child Support in Minnesota?

To bring a modification of custody, you must show one of several things. One, there is an agreement, OR the child has come to live with you and become integrated into your home with the other parent’s consent. When the law talks about being integrated into your home, that means such things as that their schools have changed, their friends have changed, and they become part of your household. Or you can also ask for a modification of custody if the other parent has been consistently interfering with your parenting time. OR you show that the child’s current environment with the other parent is an endangerment to their physical, emotional, or psychological well-being, which is typically quite challenging to prove. The last piece the court considers is whether the benefit of the change is outweighed by the harm of maintaining the current arrangement. The courts do not like upheaval in the child’s life so it is part of the legal burden in seeking a modification of custody.

Modification of child support is a different matter. To modify child support, there must be a significant change of circumstances. This may be in the child’s living situation or in the parent’s financial circumstances.

When Would the Court Request a Custody Evaluation?

Usually, the request for a custody evaluation comes before the court as a request by both parents because they can’t agree on the custody arrangements. A court may order a custody evaluation if it feels that such an evaluation will provide the court information it needs to make a determination on the child’s best interest. It has become much more difficult to get custody evaluations through county services because of the financial resources of the courts. Sometimes, when conducting a custody evaluation, it may be determined there are only certain facts or factors at issue. The court then may order a focused assessment to help resolve the matter. In requesting a custody evaluation, the court may refer it for a private evaluation. The parties would have to hire a professional who specializes in these evaluations. It is more expensive than through the county but much more thorough.

When Would There Be a Guardian Ad Litem or Custody Evaluator Assigned to My Child or Children?

The guardian ad litem will be assigned if the courts feel there have been severe physical issues concerning the child’s safety. At that point, the court makes a mandatory appointment of a guardian ad litem. A guardian ad litem is to be the voice of the child. That does not mean they simply restate what the child has said. The guardian is to hear what the child expresses to them and analyze that through what is in the child’s best interest. They then let the court hear what the child is saying and how that may impact what is in the child’s best interest.

Will My Child Ever Need to Appear in Court?

It’s very, very rare for children to appear in court. There are times when you can request the court to allow the child to testify, but those situations are few and far between. It may have happened twice in my 30 years of practice. When it does happen, the court often will bring the child into the judge’s chambers, and then there are different ways the Judge may handle the testimony. They can allow the attorney to ask questions in the chambers, or they can have the attorneys submit questions to the judge, and the judge will ask questions. The hope is that the child would feel freer to speak their minds without having to testify in front of the parents.

For more information on Child Custody & Parenting Time In Minnesota, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling today.

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DOES MINNESOTA RECOGNIZE SPOUSAL MAINTENANCE, ALIMONY, OR SPOUSAL SUPPORT AWARDS IN A DIVORCE CASE? IF SO, WHO GENERALLY IS REQUIRED TO PAY?

Fri, 22 Sep 2023 05:27:42 GMT

Does Minnesota Recognize Spousal Maintenance, Alimony, or Spousal Support Awards in a Divorce Case? If So, Who Generally is Required to Pay?

FAMILY LAW IN EDINA, MN

Minnesota does recognize spousal maintenance. They look at several factors. They will look at age, health, educational background of the party seeking maintenance, the standard of living established during the marriage, and whether one party supported the other party’s career to their own career detriment. They will look at whether there have been decisions to stay home with the children, and whether there are special needs children that requires a parent to continue to stay home. An important factor is the standard of living established during the marriage, and whether a party is able to meet the standard of living upon divorce. If not, then the court starts to look at the issue of amount and duration. The amount is to be what would be necessary to support that person. But, within the amount, they will also turn to the party who is paying spousal maintenance and verify if they have the ability to pay. Therefore, you first must establish need and then ability.

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Ability is going to be deduced from the party’s income, assets that are available, and the standard of living. Duration is then determined based on the length of the marriage, age of the parties, how long somebody has been out of the labor market, whether they are able to return to work, how soon they can return, and whether they need education or training to get back into the labor market. Moreover, if they can get back into the labor market, is there still an ongoing need for maintenance?

How Is the Amount of Spousal Maintenance Determined or Calculated in Minnesota?

Spousal maintenance is based on one party’s need and standard of living established during the marriage. The standard of living during the marriage is determined by asking by asking such things as: Are you shopping at the high-end stores or at the low-end stores? Are you taking a lot of vacations? Do you have a modest house or a huge house? Of course, one of the factors that has come into play these days is that there are many families that are living beyond their means, and so, the court must sort through that. Once there is an established actual need, they will look at the other party’s ability to pay, and the level they are able to pay maintenance. Nothing is concrete with regard to maintenance. It is a difficult issue because it takes into consideration many factors.

Can the Amount of Spousal Maintenance Ever Be Changed in Minnesota? If So, What Circumstances Could Call for Such a Change?

In Minnesota, whether the amount of spousal maintenance can be changed will depend upon the circumstances surrounding the requested change and initial agreement. Sometimes, when parties reach an agreement on spousal maintenance, they enter a Karon Waiver. A Karon Waiver declares what the agreed amount of spousal maintenance is at that moment, its duration, and that someone is paying for that certainty. It is a contract. So, when you enter into that agreement, it usually states that you cannot modify it. If you do not have a Karon Waiver, or the matter goes to trial, then you have a chance to modify the maintenance. To be able to modify maintenance, there must be a significant change of circumstances since the last order was issued. For instance, if one party makes significantly more money out in the workforce, a significant change of circumstances may be considered.

If the party who is paying maintenance loses their job through no fault of their own, then that person can ask for a modification based on a significant change of circumstances. Significant change of circumstances means that the original or last order is no longer fair to both parties. It is not uncommon to take steps to get a reduction or change in maintenance.

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Normally, when you enter into an agreement on spousal maintenance, or even when the court imposes a spousal maintenance obligation, it will terminate upon remarriage of the party receiving or death of the party paying. Those are the kinds of things that can automatically occur and terminate the spousal maintenance.

What Are Factors that Could Affect how Property Assets and Debts Are Divided in A Divorce in Minnesota?

Since Minnesota is a no-fault state that means the reason for the divorce is not considered in addressing the division of assets and debts. There is to be no consideration as to whether someone has made bad decisions during the marriage in regard to debt and assets. If someone has dissipated assets in anticipation of a marriage, the court will look at that. They will look at the assets that were acquired during the marriage, and those marital assets will be divided equitably. The division of assets becomes important when somebody has inherited money or brought money into a marriage. That is considered non-marital. Non-marital assets are not subject to division except under extraordinary circumstances. The person who is making a claim for a non-marital asset has the responsibility and obligation to trace and show what the asset was worth when they got married or at the time of receipt and what it is currently worth.

Length of marriage is not going to make a difference in division of assets and debts unless you have a prenuptial agreement that states those conditions. But assuming there is no prenup, Minnesota is considered an equitable division state. Equitable division basically means that both parties should be walking away with assets that are essentially equal in amount and/or value if there are any.

Under What Circumstances Could Custody Or Visitation Orders Be Changed In Minnesota?

Custody can be changed in several ways. It is very difficult to change physical custody. There is a two-step process if you want to change physical custody. You first must bring an action alleging that there is a need for a change in custody. The court will look at whether you have given them a case in which to move forward. There are a number of standards that you can argue, such as the child has come to live with you for a significant period of time, and he or she is now integrated into your home. Integration means the child moved out of the home of the other parent, changed schools, and has new friends. There is a modification that can be made based upon those circumstances.

If there is a consent, such as the parties agree, then a modification is readily possible. If one party has been interfering in the other party’s relationship or time with the child, that can be a basis as well for a modification. Another circumstance that the court looks at is whether the child’s current environment is an endangerment or impairment to their physical or emotional wellbeing and development. They will look at whether the child is failing in school, and whether the parent is neglecting the child’s physical or emotional needs. The current environment is harming the child’s emotional or physical wellbeing or development. This is balanced against the assumption that there is a harm to the child by moving their home. That harm must be outweighed by the benefit of changing that child’s environment.

When parenting orders, not custody modifications are changed, the court is to then use the best interest of the child standard. The court may also alter parenting time according to the child’s needs and tweak the parenting time arrangement as the child ages. And so, the court tries to use a lower standard of the best interests as opposed to the modification of custody. The involvement level of each parent is significant in changing custody and parenting time.

Do I Have to Have the Same Attorney Who Handled My Divorce Also Assist Me with The Modification or Can I Hire Your Firm?

You do not have to have the same attorney handle your post-decree matters that handled your divorce. You want to look for a firm that does post-decree matters because there are different standards that are applicable. You need to look for somebody who has experience, like my firm.

Where Does the Modification of Child Custody, Visitation, or Support Order Need to Be Filed? Does It Have to Be in The Same County Where the Divorce Was Granted?

The modification of child custody, visitation, or support order must be filed in the same county where the divorce was granted, unless both parties have moved out of the county. If that is the case, then it can be filed in the county in which the parties live. If the custodial parent has moved out, and there are more connections to a different county, the parties need to stipulate to move the matter to the new county. If there is no agreement, a Change of Venue may be sought from the Court. You start with the county in which the divorce was determined and look at the circumstances around the current situation to make the decision about the proper county. The matter then would be brought to the court, and the court weighs in on what county is going to have the more significant connections to the ongoing matter.

What Is the Process to Actually File for A Petition to Modify a Decree?

Property settlements in divorces are not modifiable. Absence fraud upon the Court, there is nothing you can do about altering a property settlement unless it is an enforcement issue. To modify a decree, you bring a post-decree modification motion. When you bring in a motion, you are moving the court or asking the court for some change. Your motion must be specific about what you seek. The motion is accompanied with either an affidavit or declaration that sets out the facts as to why you believe the original decree is no longer fair or needs to be modified. The court will then look at it. If it is a maintenance or child support modification request, these can decided without a further hearing. There are times the Court will schedule an evidentiary hearing.

As mentioned above, if your request is for a modification of a custody matter, the court first looks at whether you have a basic case in which to proceed ahead. If you do, they will schedule it for a trial. It is not easy to modify custody, and it is not easy to get a custody modification trial.

Can a Request or Petition to Modify a Decree for Custody or Support Be Challenged or Opposed by The Other Party?

A request or petition to modify a decree for custody or support can be challenged or opposed. When someone brings a motion to modify, you may respond to the issues raised and counter it with your own issues. You are restricted by time deadlines to raise new issues. Your response would include together your own affidavit or declaration setting out the facts as you know them. Of course, you should be working with your attorney in drafting that and fine-tuning the points that the court is going to be looking for in making that modification.

Why Is It the Best Idea to Retain an Attorney to Handle Any Sort of Request or Petition to Modify a Divorce Decree or Custody Matter versus Trying to Do It Alone?

Modifying a divorce decree is not something that the court wants to see. Because of that, the law makes it challenging to modify decisions or agreements already made. It is not simple to modify a divorce decree. There are standards that are critical which must be met to modify or oppose a modification. Not only are you looking at statutes, which guide the attorneys, you are also looking at what the courts have decided in the past. Usually, precedent can be significant in shaping how the court addresses a modification. To me, it is critical to have an attorney that understands the post-decree process and the standards that are necessary for addressing the issues that are before it.

Is There Anything that You Want to Put up As Far as Operating Procedures During This Whole Covid Situation?

I am located at an executive suite, which gives me access to the use of numerous conference rooms. The conference rooms have been redesigned with plexiglass so that we have safe distancing in any type of meeting. The offices are cleaned after each use. Masks are required. If there is a need for a mask, one will be provided. The lay out of the suites and conference rooms allow for meetings with two or more people. Our offices are set up professionally and are safe to meet the needs of protecting all during this pandemic.

As Far as The Courts Go in Minnesota and In Your Area Specifically, Is Everything Back Open and Running as Usual if I File a Petition? Will I Have an In-Person Hearing?

At this time, most things through the court are being done via remote hearings. These are done through video calls. The Courts utilize Zoom in such matters. The attorneys and clients appear through Zoom. The courts carefully weigh how each matter is to be heard. They continue to assess the safety of in person hearings. If there are emergency matters, the courts are working individually on each case to figure out how best to handle those.

For more information on Spousal Maintenance , a personalized consultation is your next best step. Get the information and legal answers you are seeking by calling today.

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AS A FAMILY LAW ATTORNEY, WHAT ARE THE MOST COMMON ISSUES YOU HANDLE WHEN IT COMES TO CHILD CUSTODY MATTERS?

Fri, 22 Sep 2023 05:12:28 GMT

As a Family Law Attorney, What Are the Most Common Issues You Handle When It Comes to Child Custody Matters?

FAMILY LAW IN EDINA, MN

The most common issues presented to me are those of extra time to be spent with each parent in a schedule.

What Is a Temporary Child Custody Order?

A temporary child custody order is an order that is put in place either by stipulation of the parties or through the court to set out what the provisional schedule will be for the children during the pendency of the legal matter.

What Is Joint Custody and Sole Custody Under Minnesota Law?

The two types of custody are legal and physical custody. It is presumed by statute that legal custody will be joint. This presumption may be overcome by showing there has been domestic abuse between the parties or that there is no manner in which the parents can make major decisions regarding the children. For joint legal custody, the parents jointly decide significant matters in the child’s life such as education, healthcare, and religious upbringing. If it is a sole legal custody situation, one parent has the authority to make those decisions. Physical custody of a child refers to where the child primarily lives and the routine daily care of the child. Joint physical custody does not necessarily mean that the parents have fifty-fifty scheduling, but they are sharing the access of the child or children in some fashion.

What Are the Rules and Restrictions to Relocation of A Parent Due to Work or Other Factors?

When a parent wants to move the child out of the state of Minnesota, they either must have written permission from the other parent or a court order. If the matter goes to court, the parent seeking to move out of the state with the child must show that it is in the child’s best interest. The court considers the child’s relationship with the other parent, which entails the schedule, how close they are, and what the other parent has to offer the child. They will also examine what would be lost for the child if they were to leave the state and weigh that against the benefit of the move. It can be quite a challenging process.

What Is a Parenting Plan and Do We Need One?

Parents can work together to form a parenting plan for the child. A parenting plan sets out the schedule for the child or children without necessarily setting out custody labels. It may also get into the minute details such as how the child is to be cared. A parenting plan may establish how the parents will handle such things as doctor’s appointments, transportation to school, child’s haircuts, and other small details to encourage the parents to communicate and collaborate in raising the child. It can work with parents who get along very well, but it also can be an excellent structure for parents who are having trouble deciding how to move forward.

Can the Court Reject the Custody or Visitation Plan Even if Both Parents Agree on It?

In Minnesota, we call it Parenting Access not visitation. When there is an agreement surrounding the children, the court is to look at the family and what is in the child’s best interest. Sometimes, courts reject parenting plans. It can be because the court does not believe the plan is in the children’s best interest. The court may consider such things as location of each home and how close those homes are to each other and to the children’s schools. It is quite rare but does happen from time to time.

Do Grandparents Have Custody and Visitation Rights in Minnesota?

Grandparents may be granted visitation or custody rights in Minnesota. The grandparents must have a significant relationship with their grandchild or children for the court to consider this. Grandparents may also bring a third-party custody action, which the courts examine thoroughly. The courts look at the level of involvement of each parent. Further the courts evaluate the strength of the bond between the child and the grandparent which includes how much time the children spend with the grandparents. Another factor to consider is whether the grandparent’s relationship with the child will interfere with the parent’s relationship with the child. This becomes an issue when grandparents and parents are at significant odds. The other time they can restrict grandparent’s visits is if the grandparent’s visiting time would significantly interfere or limit one parents’ access to the child.

For more information on Child Custody & Parenting Time In Minnesota , an initial consultation is your next best step. Get the information and legal answers you are seeking by calling today.

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WHAT FACTORS DO YOU LOOK AT WITH YOUR CLIENT IN DETERMINING WHETHER TAKING A CUSTODY CASE TO TRIAL IS THE NEXT RIGHT STEP OR NOT?

Fri, 22 Sep 2023 05:06:57 GMT

What-factors Do You Look at With Your Client in Determining Whether Taking a Custody Case to Trial is the Next Right Step or Not?

FAMILY LAW IN EDINA, MN

A determination of custody ooks at the best interest factors set out in Minnesota statute. Courts are supposed to consider what is appropriate for the child, what each of the parents wants for the schedule, how it will benefit the child, and how it may be detrimental to the child’s relationship with either parent. The child’s life before the parents separated is also considered to best maintain the routine and structure that was once present. Suppose disabilities or concerns impact the abilities of the parents to care for the child. In that case, they’ll look at what those are, and the emphasis is not on what the disability or the impairment, but how the parent and child can maximize their relationship. Parental communication is also considered, as the party who better communicates with each other and the child will benefit.

Other relationships such as grandparents, possible siblings, and established relationships also determine what will make up the child’s best interest. The more those connections can be maintained, the more likely the court will find in your favor.

What Should I Expect at A Custody Hearing?

A custody hearing is an evidentiary hearing meaning that everything comes in by live testimony. Each parent has the opportunity to testify, and if there are people that you believe have something to add to those best interest factors, they will be compelled to testify. During custody trials, we will also have to face the fact that the other parent will bring in testimonials that may be difficult to hear and detrimental to your case or character. This means that custody hearings are emotional, draining, and challenging, and the primary reason is that both parties feel how meaningful their relationship is with the child and want that to be maximized.

Once a Custody Decision Is Made Final, how Soon After Will the Order Actually Be in Effect?

Often, the judges will determine how long until the order will take effect. However, in the decision, the court can rule the order or schedule will take effect shortly to limit one party’s access or time spent. For example, suppose there’s clinical dependency or mental health issues. In that case, they may want to put certain protections in place to allow the parenting time to move forward in the safest manner possible.

If a parent does not have significant time, the court may allow for a ramp-up in that time with the child to become comfortable with the other parent and the new process. But typically, it’s determined immediately.

Can I Appeal a Final Custody Decision Made by The Court?

You can appeal a custody decision. It’s an entirely foreign process from the initial ruling. Still, once there’s a determination, steps need to be taken if you wish to appeal. Still, when a final custody decision is made, it is absolutely reviewable by the appellate court.

What Are the Most Important Reasons Someone Needs to Seek the Counsel of An Experienced Family Law Attorney Such as Yourself to Assist in Custody Matters versus Ever Trying to Do It on Their Own?

Custody matters are the most emotional decisions that are made. You want your attorney who knows the law, has the experience and has addressed custody matters before the courts to present the best possible situations to the court. Sometimes what clients believe are important issues that they want to bring to the court’s attention are not something the court feels is necessary. It could be inconsequential, and you don’t know it because you don’t have counsel. Personally, having an experienced family law attorney is the most important thing you can do when addressing custody matters, whether it’s first-time, modifications of parenting time, or modifications of custody. It’s a complicated and emotional issue that you need the assistance of someone with the experience of knowing how best to put together and advocate for you and your children.

For more information on Child Custody & Parenting Time In Minnesota , an initial consultation is your next best step. Get the information and legal answers you are seeking by calling today.

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WE HAVE THE BEST FAMILY LAW ATTORNEY NEAR YOU

Fri, 22 Sep 2023 05:01:26 GMT

We Have the Best Family Law Attorney Near You

FAMILY LAW IN EDINA, MN

Perhaps you are experiencing a family law-related issue and are now wondering what Van Valkenburg Law can do for you. We are so glad you found our Minneapolis-based law office. We want to support you during this time by offering the highest level of family law expertise available in your area.

What Is the Purpose of Having a Family Law Matters Attorney?

Having a specialized family lawyer has numerous benefits. No matter the case, entering a family court without representation brings challenges and stress.

The most common reason for a family law matters attorney is divorce. If you or an acquaintance is planning on moving forward with a divorce, note that seeking support from a family lawyer is a critical first step in this process. Once you have filed the paperwork for divorce, you will need to serve your spouse a copy of the divorce papers. Let a professional, objective third-party take on the task of serving divorce papers. This will minimize stress during a likely highly emotional time. Considering the pressures of life that come with a divorce, stress, during this time, should be highly managed. Not to mention, we will handle all your paperwork and prepare you to achieve the most satisfactory outcome in the division of assets. It is also ideal to have our team do any necessary discovery on your spouse. This will be required for collecting all necessary documentation and information from your spouse. We can also assist in mediation, which may save immensely on stress and expenses. At Van Valkenburg Law, we offer all this support and much more for our clients proceeding with a divorce.

There are also many reasons your divorce may be additionally arduous than a typical divorce case. In these instances, it is even more important that you hire a divorce lawyer. Generally, the most complex divorce cases are 'high-net-worth' divorces. Although we urge you to hire a qualified divorce lawyer in any divorce case, these particularly challenging high-net-worth cases require especially extensive legal aid. A high-net-worth divorce occurs when the separating individuals own a high total value in assets. The divorcing spouses might own extensive property and typically have a more complicated financial situation than in traditional divorces. Because a 'high-net-worth' divorce usually includes multiple assets and large estates, it is imperative to hire a divorce lawyer in these instances. With so much potential for loss in these proceedings, it is vital to protect your assets and children with support from a divorce lawyer. Therefore, even if you suspect you may have an extremely complicated divorce in your hands, our team in Minneapolis, MN is here to serve you.

Is Child Custody a Concern Right Now?

Many times, divorce and child custody battles are happening together. Our best lawyer for family law in Minneapolis can also offer assistance in child custody matters. Without adequate legal representation for child custody, countless possible hurdles may arise. Having expert legal support ensures efficiency and increases your chances of reaching your desired outcome. In Minnesota, judges consider 13 factors when deciding on an adequate custody arrangement. Meeting these standards is one aspect, but proving them in court is another matter. However, this is exactly where our team shines and makes your life less stressful. The outlined standards for custody in Minneapolis, MN are comprehensive and include many factors that are often difficult to prove when challenged. For example, if your divorcing spouse is claiming that you are unable to teach your child about their culture, it can be extremely difficult to make a compelling case against that. The process of a child custody case brings on a lot of pressure for someone trying to get through it alone. We understand that this is likely an already emotionally difficult time. Save the peace of mind and rely on the best lawyer for divorce and child custody near you.

Our skilled child custody lawyer has practiced family law since 1983. Knowledge of child custody laws and experience navigating the family court is the substance of Van Valkenburg Law. You can trust us to advocate for and defend the best interests of your children and yourself.

Why Van Valkenburg Law?

Family law matters attorney, Jane Van Valkenburg, has practiced law for over 36 years. Van Valkenburg Law has had excellent client reviews since it started its operation over 20 years ago. This fact is no surprise when one considers the high level of compassion and authenticity demonstrated on behalf of the leading attorney at Van Valkenburg Law. During her meetings with clients, Jane strongly believes in individualizing the consultation experience as much as possible. She accomplishes this personalized approach by exercising her strong attention to detail and recognizing precisely how to meet clients where they currently are. Her client relationship is far more than a business transaction. She understands the impact and value of legal protection for members of the Minneapolis community. Therefore, she chooses to treat her clients like family. For relatable representation and a client-focused legal team, Van Valkenburg Law is honored to serve you.

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IS THERE ANY BENEFIT TO FILING FOR A DIVORCE BEFORE YOUR SPOUSE UNDER MINNESOTA LAW?

Thu, 21 Sep 2023 13:56:45 GMT

Is There Any Benefit to Filing for a Divorce Before Your Spouse Under Minnesota Law?

FAMILY LAW IN EDINA, MN

Since Minnesota is considered a no-fault state, it does not necessarily give anyone an advantage to file first in a divorce. However, when it comes to difficult or contested custody matters, that can be a situation in which it is important to be the first spouse to file for divorce. Otherwise, there really is not a benefit to filing first.

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When Couples Are Deciding on How to Proceed with A Divorce in Minnesota, What Are the Options to Move Forward?

In divorce proceedings, there are many options with how to move forward. There is a full litigation option, which means that you are going to be working with the court and utilizing all kinds of resources to move forward. It is usually the most expensive way to proceed within the court system. Couples can also work with the early neutral system that the court establishes. This system is kind of a hybrid between litigation and mediation. You would be working with neutrals who have the ability to give input as to their thoughts on how the court may respond to different issues that are present in your case. There is also mediation. Mediation can be done with or without the attorneys. Most of the time, it is a decision you want to make with your attorney about which way to proceed.

When dealing with mediation, my approach is to prepare my client for mediation. The mediator will often set out the issues which will be discussed at each session. With my client, we gather the underlining facts. I, then, educate my client on the boundaries or parameters of what I think the court may do. That way, in mediation, they can make decisions knowing what the outcome may be in court. Informed decisions can then be made within that as to what is best for the family.

There is also a process called Collaborative. A collaborative process is implemented when the parties make the decision to work outside of the court system. It does not mean that the law is not followed but unique results can be tailored to each family. Collaborative process is a whole process that involves working with experts, such as financial experts and child experts, to find a solution that works for each of the parties and the entire family.

Once One-Party Files for A Divorce in Minnesota, What Is the Timeline or The Process up To the Point of Being Finalized?

The action of divorce starts with the summons and petition unless you are implementing the collaborative process. The summons and petition need to be received by the other party. The petition is the document that says, “Here’s what the general facts are in this matter, and here’s generally what it is that I am seeking.” Again, the other party needs to receive those papers. Once that happens, if you are in the court process, papers get filed with the court. The other party can either put in an answer or an answer and counter-petition. But, if they get an attorney right away, the attorneys work together in moving the matter forward. If it gets into court, we get scheduled for an initial case management conference. An initial case management conference is an opportunity for the parties to meet with the court to get a structure on how the matter is going to move forward. At that initial case management conference, if there are financial issues, the attorneys will often select a financial neutral with whom to work, and that is someone who is going to help you work through your division of assets, debts, child support, and spousal maintenance.

If there are child custody issues, such as parenting time, visitation, and custody, often two social neutral people are selected. We will meet with them and tell them what we think the issues are and how we see that they should be resolved. In turn, they will give us input as to what the court may do. If we cannot resolve things at the early neutral stage or through mediation, the court has us check in for a status conference. If we are not resolving things, we proceed with the status conference and the court will set a more structured mediation process or a pretrial. A pretrial is when we meet with the court to try to see if we can get any resolution, or outline what the issues may be for trial. During all that time, while we are getting to this point, we are exchanging information either formally or informally. The reason for this is to see if we can get to the point of putting together a Stipulated Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree. This is the document which sets out in detail all the terms of settlement. If we can, all the parties and the attorneys sign off on that and file it with the court. If we cannot resolve all the issues at that point, then we are scheduled for the pretrial and trial. Following the trial where all the evidence is presented to the Court the Court then issues it decision and we would get the Final Judgment and Decree.

As far as timing goes, it depends on how complicated the matters are and how much people are going to argue about things. I will tell clients that they can get through a divorce within two to three months. However, that is rare particularly if there are complex issues. Divorces with complex issues can take a year or more to resolve.

Is There Any Required Period of Separation in Minnesota Before Filing?

There is no required period of separation in Minnesota before filing for divorce. Minnesota is considered a no-fault state, which means that in the petition you allege that there is an irretrievable breakdown of the marriage relationship. You do need to reside in Minnesota for 180 days prior to bringing a divorce matter here.

How Is Custody Determined in Minnesota Once a Couple Is Divorcing or Parents Are Not Together?

Child custody is determined by the standard known as the best interests of the child. There are 12 factors that are considered when determining custody and the child’s best interest. A custody evaluator or the Court looks at who is meeting the child’s physical, emotional, cultural, and spiritual needs. They will investigate whether there are any special needs for the child. They want to assess who best can address mental health, medical health, and educational matters. They will also look at whether there has been domestic abuse and its effect upon the family or either party. When they get to the issue of disability of any kind, the court cannot use that disability unless it affects the person’s ability to parent. They will look at the history of the parent’s participation in the child’s life. They will look at the parents’ willingness to work together and share information, which can work as a negative if someone is unwilling to cooperate and share. That may affect how the court looks at the custody issues.

The court will look at the proposed arrangements for the child, and how that is going to affect the child. They look at the child’s attachment and wellbeing to their home, school, and community. If the children are older, they’ are going to look at their friends and schools and ask what kind of changes will occur because of divorce. They will look at each parent and the positives they bring to the child’s life. If there are any concerns, they will want to know how they can work around those kinds of things. They look at each parent’s capacity to develop the same relationship with the children and their significant other, other siblings, and extended family.

There are two kinds of custodies that the court considers, which are physical custody and legal custody. Physical custody looks at what the child’s physical daily routine is going to be while legal custody is held jointly between the parties. Both custodies address the major decisions in the child’s life, such as education, healthcare, and religious upbringing. And so, the court will ask whether the parties can decide those things together. If there is a dispute, the question becomes what ways do they have to resolve those disputes surrounding them? The impact on the children about those decision-making methods is also considered.

What Sort of Visitation Agreements Can Be Arranged or Awarded?

In Minnesota, we try to call it parenting time as opposed to visitation. Parenting time is going to depend on the parents. It is going to depend on the children, their needs, and age. In Minnesota, it is presumed that each parent should have at least 25% parenting time. Parenting time is defined as number of overnights that each parent would have with the child. The parenting guidelines have been established by psychologists, psychiatrists, child specialists, attorneys, and judges. The guidelines go age-by-age giving recommendations as to what might work for children. Of course, you will also need to consider your child’s unique characteristics.

Is There Ever an Age Where a Child Can Decide Who He or She Will Live With? Or, at Least Have Some Sort of Input?

The statute for deciding the issue of custody looks at what is the child’s preference, and whether they are mature enough to give that input to the court. Many times, when you are dealing with custody, you have children who are torn. They will say one thing to one parent and another to the other parent. Oftentimes, you deal with the child’s input after a custody determination has been made, when the kids are getting older, and when they have their own opinions about things. There are different ways of dealing with a child’s input. Each situation is different and must be evaluated as such.

Who Will Be Responsible for Child Support when Parents Are Divorcing in Minnesota? how Is that Amount Calculated?

The person who is responsible for child support in Minnesota is usually the parent who does not have full custody. The Court will use the Minnesota Child Support Guidelines which take into account both parents’ incomes, the child’s standard of living, and the percentage of time each parent spends with the child. With regard to the noncustodial parent, they will look at how many overnights that parent has, which is taken into consideration as part of their contribution and child support. Accordingly, that reduces the amount of child support that parent pays.

The amount of child support can get complicated when you are dealing with self-employed people, seasonal workers, and executives that have all kinds of different bonus structures. Depending on the circumstances, it can be a difficult issue, or it can be straightforward.

For more information on Family Law , a personalized consultation s your next best step. Get the information and legal answers you are seeking by calling today.

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FAMILY LAW IN EDINA, MN

Thu, 21 Sep 2023 13:46:10 GMT

Family Law in Edina, Mn

FAMILY LAW IN EDINA, MN

Family is a subject that most people want to keep private to some degree. At the very least, people want to be able to handle family matters on their own terms. Marriage and starting a family are two of the most intimate experiences in life, so it’s absolutely understandable not to want to have an external force decide what’s best for your marriage or your family. Thankfully, many families and married couples will never have to grapple with the legal system to handle domestic matters.

Unfortunately, this is not the case for everyone. Some marriages simply reach an impasse and have to end. There are many reasons for a marriage to run its course, even if both parties put in lots of hard work, and even if both people in the couple still love each other. Sometimes, the best thing for everyone involved is the end of the marriage and the initiation of a divorce.

Every divorce, like every marriage, is different. In addition to factors like whether or not there are children involved, and what assets there are to divide, there are more subjective issues like how much anger or other emotions may be involved, and how willing each side is to cooperate with the other. Even totally amicable divorces can be complicated and difficult to navigate legally without help. This is even more true for less amicable divorces, where an ex-partner may be complicating the process in addition to the usual legal frustrations.

Getting divorced, pursuing custody arrangements, and other aspects of family law are already emotionally charged and can be absolutely overwhelming to a layperson. When you are going through the process, it can feel like you are up against unfair odds, and like you are in this fight on your own.

However, if you’re in Edina, MN or the greater Minnesota area, there’s good news: you don’t have to do this alone. Let Jane Van Valkenburg help.

Attorney Jane Van Valkenburg is an accomplished, knowledgeable attorney who has been practicing law in Minnesota for over 36 years. Starting in general practice, Attorney Van Valkenburg pivoted to pursue her passion for supporting families in transition in Edina, the Twin Cities, and greater Minnesota. Every day, she brings her invaluable experience and sterling reputation to the table to give her clients a leg up in any family law proceeding.

Jane embraces her role as a source of support and comfort to her clients, who are often going through the most difficult periods of their lives. To her, cases are not just cases. She intimately understands that every family law case involves exactly that: a family. Each family deserves a healthy, safe, and happy future, and Ms. Van Valkenburg serves as a fierce advocate for those futures.

Jane Van Valkenburg offers many services related to family law, including:

Divorce: Divorce is rough on everyone involved, but Jane seeks to make it as easy and painless as possible. She handles all of the legal processes of marriage dissolution, including issues like asset division and spousal support/alimony.

Custody: Custody is often a complicating factor in divorce proceedings. Jane has years of experience handling custody matters and ensuring that the best outcome for the children is implemented by the courts. She will guide you through every part of the process, from negotiating with your ex-spouse to fighting for your goals in court. She also handles post-decree modifications, which can be made in the event that needs change or co-parents fail to hold up their end of any given deal.

Child Support: Another crucial part of any divorce that involves children is child support. If two parents are living and able to support a child, there is no reason why one parent should be forced to cover the child’s financial needs on their own. Jane is well versed at implementing fair, actionable child support plans that will make sure the child or children in question are cared for by both of their parents.

Mediation: Jane firmly believes that many family law cases can be saved the time and expense of courtroom litigation, and can instead be handled through mediation. This process offers ex-partners who are more open to negotiation a way to cut down on their legal fees and reach more relaxed, mutually beneficial agreements.

Domestic Abuse/Order of Protection: In some cases, one partner poses a significant risk to another, and the partner at risk needs the protection of the law. Jane is no stranger to this kind of adverse situation and can ensure that any threatened party gets the protection—both short term and long term—that they deserve.

Adoption: One of the happier services in family law involves bringing new family members into the fold. Though adoption is joyful, the legal process involved can be onerous and complicated. Jane is an experienced adoption attorney and knows how to facilitate the process so you can get your whole family legally recognized and start or continue your lives together.

If you are in Edina or greater Minnesota and need an outstanding family lawyer, look no further. Call 952-428-7860 or visit Jane Van Valkenburg’s website or a free, personalized consultation on your case.

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