Blog

Minnesota Recognition of Parentage & Its Effect on Child Custody & Adoption Proceedings

Posted on Tuesday, July 21st, 2020 by Tim Simonson and is filed under Child Custody, Minnesota.

A child born to unmarried parents creates a bit of a child custody conundrum under Minnesota law. For one, without a legal document recognizing paternity or parentage of a child, there is no legally-recognized parent and child relationship between the child and the child’s father. To a lesser extent, the child’s mother’s rights are also… Read more »

NON-MARITAL INTERESTS: THE ROAD TO EQUITY IN A DIVORCE

Posted on Tuesday, May 26th, 2020 by Tim Simonson and is filed under Divorce, Minnesota.

Minnesota divorce law requires that Courts assume all property owned by divorcing spouses is marital; meaning both spouses have an interest in everything they own. Minn. Stat. 518.003,,subd. 3b. And if either spouse wants to prove that property is non-marital, the burden is on that spouse to prove it was acquired independent of the marriage,… Read more »

Paternity; Still a Matter of Biology

Posted on Tuesday, April 14th, 2020 by Tim Simonson and is filed under Children, Courts, Minnesota, Parents.

In Minnesota, the legal relationship between a child and parent is recognized because there are rights awarded and obligations imposed by that relationship. The State has an interest in not having children abandoned, and having parents able to raise their children. To serve that interest, the State created the ‘parentage act’, (Minn. Stat. § 257.54)… Read more »

Divorce Lessons from Kenny Rogers

Posted on Tuesday, April 7th, 2020 by Tim Simonson and is filed under Divorce, Kenny Rogers.

If you’re still grieving over the loss of Kenny Rogers, you’re not alone. The Gambler left us with a myriad of soulful ballads set to melodies etched in our hearts; and along the way, left us with some prophetic words to live by…. Knowing not to “count your money, ‘till the dealin’s done” is a… Read more »

Posting Your Kid’s Images on Social Media

Posted on Friday, April 3rd, 2020 by Tim Simonson and is filed under Children, Minnesota.

Recently, the Minnesota Court of Appeals was asked to consider whether a Family Court judge can prohibit a parent from featuring or mentioning his children in YouTube videos and remove all such videos that had already been posted on his YouTube channel. In Winkowski v. Winkowski, the Minnesota Court of Appeals determined that a Family… Read more »

The Rules of Living Separately vs. Divorce

Posted on Wednesday, January 15th, 2020 by Marc Beyer and is filed under Divorce, Life, Rules.

Quite often when a divorce starts, husband and wife are still living together. Other times, though, they may have been living separately for many months. And, whether or not a married couple has been living apart or together can often impact their expectations when a divorce does start. If a married couple has physically separated,… Read more »

Even a ‘Slight Adjustment’ to a Parenting Time Schedule Requires a Parent to Meet a Burden of Proof

Posted on Tuesday, December 24th, 2019 by Tim Simonson and is filed under Children, Courts, Divorce.

In Minnesota, the law says at section 518.175 that a parenting time schedule may be modified if it serves the best interests of the child and doesn’t change the child’s primary residence; this means that changes can be made to a parenting time schedule even without a trial or any proof that the other parent… Read more »

Minnesota Adoption Laws; Timing is Everything.

Posted on Thursday, December 19th, 2019 by Tim Simonson and is filed under Adoption, Minnesota, Parents.

Minnesota allows a child to be placed for adoption without the consent of the natural father, unless that father acts fast in getting a legal action started. A sad illustration of this point came to light recently in Lyon County, where a mother placed her child for adoption and as required by law, notified the… Read more »

Just what is an Irretrievable Breakdown?

Posted on Monday, October 14th, 2019 by Marc Beyer and is filed under Divorce, Minnesota.

A local politician was in the news recently because she filed for divorce. In breaking the news, one of the headlines read “In a petition filed in Hennepin County, [politician] cites “irretrievable breakdown’ of her marriage…” as if these words provided insight to the reasons for the divorce. In reality, every divorce petition filed in… Read more »