Big Changes for Minnesota Child Custody Modifications

On August 1, 2014, Minnesota’s child custody modification law was amended, making it much easier for both custodial and non-custodial parents to modify parenting time schedules.  Under the old Child Custody laws MN, in order to make significant changes to custody or parenting time without the agreement of the other parent, a parent would need to prove that a child was somehow endangered by the existing schedule or that the child had become integrated into the “non-custodial” home in contravention of the existing order.  If a parent could prove that one of these events had occurred, the Court would still only make significant changes to the parenting schedule if the change was in the best interests of the child.  This was a very high standard, and parents were frequently turned away even when the existing parenting schedule was entered years before and circumstances had changed dramatically in the years since.

The new statute makes three significant changes.  First, the law no longer requires courts to use the endangerment/integration standard just because a requested change would result in an arrangement where each parent has custody between 45.1% – 54.9% of the time.

For example, my client Sabrina previously lived in Coon Rapids, Minnesota, and she had parenting time with her daughter between 10-12 days per month.  Her ex-husband Sam lived in northern Sherburne County, which was an hour away from Sabrina’s home.  Recently, Sabrina moved to Elk River, Minnesota, and now lives less than 20 minutes away from her daughter’s school, which permitted her to have much more frequent contact with her daughter.  Under the prior statute, it is very unlikely that Sabrina would have been able to modify the existing Court order.  However, under the new law, Sabrina was able to negotiate a parenting time arrangement that was much closer to 50/50.

One major reason that a parent might object to a change in a parenting schedule is that a custodial parent might lose child support if the parent agreed to allow the other parent more parenting time.  The Courts have been trying to separate issues of child support and Child Custody Rights MN for some time now, and the new statute is consistent with this goal.

A second change in the law is that now the Court may consider the developmental needs of a child in modifying custody orders.  That means that the Court can now consider that a parenting scheduled that was fine when a child was two years old may not be appropriate for a child who is eight years old.   Consider my client Bill, who lives in Alabama.  When his son was young, he and his son’s mother entered into an agreement that required him to travel to Minnesota in order to exercise custody.  Over time, Bill’s ex-wife permitted Bill to take his son with him to Alabama for short periods of time, but she did not permit Bill to have his son with him for an extended period of time in the summer. She also required Bill to pick up and drop off his son in Minnesota, which tripled the cost of transportation.  Under the old law, it is possible that the Court would have made some changes to assist Bill.  The new law explicitly permits the Court to consider that Bill’s son’s developmental needs now permit him to have extended parenting time with his father in Alabama.  Further, the Court can consider that Bill’s son is now able to travel as an unaccompanied minor.

Perhaps the most significant change to the law is that courts now have the authority to reserve the right to expand parenting time in the future at the time they make an initial custody determination.  If a Court exercises this right at the outset, parents will no longer have to prove that there has been a substantial change in circumstances, but will only have to establish that it is in their child’s best interests to make a change in custody.  Under the prior statute, parents would frequently agree that parenting time could be expanded if it was in their child’s best interests, but the Court was powerless to impose the lower standard absent the parties’ agreement.   No one knows how and when Courts will implement this new power.  Stay tuned to this space for updates as my clients experience the new changes.

About Author

Jennifer graduated from the University of Minnesota cum laude with a bachelor’s degree in speech communications. In 2006, Jennifer achieved her life’s dream; owning her own family Law Attorney Minnesota practice. She practices every day as Divorce attorney MN with the intention of representing her clients’ future.

Katie Holmes, Tom Cruise and Divorce

KATIE HOLMES, TOM CRUISE AND DIVORCE:

DO QUICK SETTLEMENTS MAKE HAPPY POST-DIVORCE FAMILIES?

WHAT MAKES A DIVORCE “EASY?”

What does it take to make a divorce and its attendant issues including child support, child custody and Spousal support lawyers MN and Parenting time and property division “easy” when compared with some that are not “easy?”

 Even where a divorce is “easy” from the point of view of the lawyers, it isn’t easy to the family. But, if you settle your case quickly, there is no doubt that you will have more time to focus on the bigger issues of family transition.

It cannot be disputed that the Cruise/Holmes divorce was settled quickly.  But they had some huge advantages over other divorcing couples.

DIVORCE PLANNING BY PRENUPTIAL AGREEMENT

First, they started planning for a divorce before the marriage in the form of a pre-nuptial agreement that resolved issues relating to property and support.  Most of us don’t have prenuptial agreements, but this was Tom Cruise’s third marriage and there was a large age difference between Tom and Katie.   From an estate planning perspective, the pre-nuptial agreement was essential, but if you are on your third marriage, you probably also want to engage in some divorce planning, as well.

DIVORCE, TIMING AND CHILD CUSTODY

As a corollary to Planning for Marriage MN, timing also played a huge role in making it possible for their settlement negotiations to conclude quickly.  Katie waited until Tom left for an extended film shoot to stake her claim for independence.  Tom wasn’t faced with imminent denial of parenting rights (although it is likely that he felt he was deprived of some parenting access in the early days), and this meant that parenting issues could be resolved without allegations of parental kidnapping or alienation, despite the fact that custody issues clearly played a big part in Katie’s decision to leave the marriage.

DIVORCE AND WEALTH MANAGEMENT

Next, it cannot be disputed that Tom and Katie’s divorce negotiations were shaped by their relative wealth and economic status.  Sometimes, money makes things more difficult, but in this case, both parties had sufficient access to the resources necessary to establish themselves in a new household that functioned independently from the marital home.

DIVORCE, ALIMONY, CHILD CUSTODY, CHILD SUPPORT AND SKILLED ATTORNEYS

Perhaps most important, Katie and Tom had good lawyers and good legal advisors.  It has been reported that Katie Holmes’ father, a feared divorce attorney, played an important role in shaping her legal strategy. In the early days, it looked like it could be ugly, as Katie made a claim for sole legal and sole physical custody, and the media machine kept the case (and the question of the legitimacy of Mr. Cruise’s religious beliefs) in the news.  However, even though this strategy is what is important, what made it work were the behind-the-scenes negotiations that also occurred.

DIVORCE AND THE ADVANTAGES OF PRIVACY

We won’t know what those negotiations entailed, because the final piece of this puzzle is that both parties were willing to keep the details of the negotiations and the settlement private.  Privacy is a commodity that the rest of us don’t always value in the same way.  However, Tom Cruise has consistently understood that his income is directly tied to his “brand”.  An ugly divorce could have tarnished his “brand,” probably more than it would have hurt Katie’s earning potential.

CRITERIA FOR A “GOOD” DIVORCE

In summary, good planning, good timing, equal access to sufficient resources, good legal advice and discretion made this divorce end quickly. For more information, please see http://www.foxnews.com/entertainment/2012/07/10/experts-katie-holmes-media-strategy-plus-prenup-probably-behind-tomkat-quickie/

About Author

Jennifer graduated from the University of Minnesota cum laude with a bachelor’s degree in speech communications. In 2006, Jennifer achieved her life’s dream; owning her own Family Law attorney Minnesota Practices. She practices every day as Divorce Attorney Minnesota with the intention of representing her clients’ future.

PACER CENTER WORKSHOPS: SPECIAL NEEDS / DISABLED CHILDREN IN MN

                                 PACER CENTER WORKSHOPS:

                  SPECIAL NEEDS / DISABLED CHILDREN IN MINNESOTA

PACER located in the Minneapolis, MN area; is holding several workshop events in May for those responsible for some aspect of the care of Special Needs School Law / disabled children. The relevant web site can be accessed here.

The two workshops are as follows:

Quality of life to be held May 14, 2013 6:30PM – 8:30PM. Emmy Mastel, from Prudential Special Needs will lead the discussion.  Please note that this is not a solicitation but a presentation of information. You can register for this workshop online HERE

Guardianship and conservatorship to be hlc May 28, 2013, 6:30PM – 8:30PM.  Attorney Lori Guzman will lead the discussion.  You can register for this workshop online HERE

Both presenters are parent to a special needs child and both events are at the PACER Center:

8161 Normandale Blvd.

Minneapolis, MN 55437

Thank

You for your attention

About Author

Jennifer graduated from the University of Minnesota cum laude with a bachelor’s degree in speech communications. In 2006, Jennifer achieved her life’s dream; owning her own family Law Attorney Minnesota practice. She practices every day as Divorce attorney MN with the intention of representing her clients’ future.

Family Law Attorney MN Divorce Mediation

Minnesota Divorce and Family Law Attorney

No couple goes into marriage thinking they will be the ones who won’t make it. Certainly, at your wedding, you thought your love would last a lifetime. But what happens when the love fizzles out? Unfortunately, you are not alone. Over 55% of first-time marriages in the United States result in divorce and over 70% of second-time Marriage Planning MN also end in divorce.

Now, for reasons you may not fully understand, that dream seems shattered. But while it is usually a difficult time, divorce doesn’t always need be traumatic, especially when alternatives are now available.

Historically, disputes were resolved in trial by battle; one lived, one died. The idea is that there is a decision, and generally a winner(s) and a loser(s). Litigation is the most traditional form of dispute resolution and involves the use of the courts. It is initiated by filing a lawsuit in a court. By definition, litigation is an adversarial process. How often does litigation improve interpersonal relations? Unfortunately, the answer to that question is never.

As Justice Harvey Brownstone says, “When you start a court case, you are starting a war.” When you think about it, nobody enters into a battle, fight, game, or other adversarial situation with the intent to lose or even tie. Rather, everyone involved “plays to win.” Unfortunately, unless there is a tie (stalemate), there can only be one “winner.” Generally speaking, anyone other than the “winner” loses. However, when families are involved, nobody “wins,” despite the perception that someone may have “won.” Besides, even if the matter results in a “tie,” the damage has already been done and cannot be undone.

Divorce Mediation

There is no easy solution, but with divorce mediation it can be done without the need for bloodshed. Divorce is difficult enough without making a game of it. (It is certainly far too important to be made into the legal version of a tug of war in which one or both of the parties invariably end up getting dragged through the dirt.) To be sure, there will be very painful feelings that one or both of the parties are experiencing that may make it difficult for them to sit down and attempt to deal with their problem responsibly. Nevertheless, common sense is enough to tell them that it is far better to keep those painful feelings in check rather than to give them expression, which is what will inevitably happen if they turn to adversarial divorce proceedings, and legal warfare.

According to Albert Einstein, “insanity” is defined as “doing the same thing over and over again and expecting different results.” Therefore, if you want a different outcome, I strongly advise that you consider taking a different approach to divorce, and other family law matters, such as mediation, child custody, child support, or Spousal Support Lawyer MN .  Almost any issue that arises between family members can benefit from mediation. The bottom line is… Divorce will never disappear. But not every divorce requires a trial!

About Author

Jennifer graduated from the University of Minnesota cum laude with a bachelor’s degree in speech communications. In 2006, Jennifer achieved her life’s dream; owning her own family Law Attorney Minnesota practice. She practices every day as Divorce lawyers MN with the intention of representing her clients’ future.

Minnesota Divorce Law

Do You Need a Lawyer?

Who Practices Law in YOUR County?

Minnesota has a state-wide court system, and our Minnesota licensure covers practice in all counties.   For instance, your attorney’s office may be located in Hennepin County, but she might routinely go to other counties for her clients.  For some lawyers this happens often enough that they have valuable first-hand professional knowledge of the bench, opposing counsel and so on in more tan one county.  Sometimes, it also makes economic sense for a client to hire an attorney in one county even though their case is venued in another county.  You don’t have to stick to your home county when you are looking for a lawyer.

Sometimes, an attorney will suggest that a potential client hire an attorney more familiar or located closer with the Court in question.  In particular, this recommendation makes sense where there is reason to believe that extensive litigation will be required, travel expenses would be prohibitive, and there are qualified attorneys located closer to the Courthouse.  Recently, there have been 2significant changes to the state-wide Rules of General Practice which have unified the Court’s family court case management practices.  These changes make it less likely that your Family Law Attorney Minnesota will run afoul of local practice discrepancies.  The only consideration favoring an attorney who practices more often in your county is knowledge of your specific judicial officer.  In some counties, you will see a different judicial officer for every family court hearing.  Although your family lawyer can educate himself about a single judge, it might be too much for him to educate himself about an entire bench.  In those cases, your potential divorce attorney might recommend that a prospective client hire an attorney who practices in the County where the case is venued.  Many attorneys do not hesitate to recommend another attorney, or decline to take on cases, where the potential client and the lawyer are not compatible.  So, do ask your potential divorce lawyer if they think it better you look for family law attorney elsewhere – even in another county if need be.

About Author

Jennifer graduated from the University of Minnesota cum laude with a bachelor’s degree in speech communications. In 2006, Jennifer achieved her life’s dream; owning her own family Law Attorney Minnesota practice. She practices every day as Divorce Lawyers MN with the intention of representing her clients’ future.