Categorized: Child Custody

The Significance of Sole Physical Custody (or lack thereof)

Posted on Tuesday, December 4th, 2018 by Marc Beyer and is filed under Child Custody, Divorce, Divorce Decree, Parents.

In any Divorce Decree with minor children, there will be a designation of physical custody. Either Mom or Dad will be granted “sole physical custody” or both parties will be awarded “joint physical custody.” But what does this mean? Not as much as you might think. The words “sole” and “joint” are really just that… Read more »

DETERMINING CHILD CUSTODY IN MINNESOTA COURTS WHERE IS HOME?

Posted on Tuesday, September 18th, 2018 by Tim Simonson and is filed under Child Custody, Child Support, Children, Minnesota.

If you want a court to help you figure what right(s) you might have to raise your child, you want to be sure you’re asking the right court, and in particular, the court of the proper state.  Usually that’s an easy question to answer.  Typically (and hopefully) it’s not hard to figure out what State… Read more »

Custody Modification: What do you have to Prove?

Posted on Tuesday, June 26th, 2018 by Marc Beyer and is filed under Child Custody, Child Support, Children, Divorce, Parents.

In contested child custody cases, the Court determines the issue of custody and parenting time based upon what is in the “best interests of the child.” This is not an arbitrary determination. Rather, the Court determines a child’s best interests by applying the 12 best interest factors from the statute to the facts of the… Read more »

STOP MESSING WITH MY PARENTING TIME! WHAT HAPPENS WHEN PARENTING TIME IS LOST BECAUSE A PARENT ISN’T FOLLOWING THE SCHEDULE?

Posted on Tuesday, May 1st, 2018 by Tim Simonson and is filed under Child Custody, Children, Divorce, Parents.

What happens when time with your children is being interfered with by the other parent? What if “activities”, “homework”, “sleepovers with friends”, or “illnesses”, become common themes of why your child isn’t able to spend time with you any more? It could be that the other parent is trying to deny you parenting time and… Read more »

When parents and grandparents share custody OF A CHILD, who pays child support?

Posted on Tuesday, January 9th, 2018 by Tim Simonson and is filed under Child Custody, Child Support, Grandparents, Parents.

Under Minn. Stat. § 518A.35, subd. 1(b), “the basic child support obligation shall be determined by referencing the guideline for the appropriate number of joint children and the combined parental income for determining child support of the parents.” This is the model for determining child support in Minnesota for children of divorced or separated parents…. Read more »

MOVING OUT OF STATE WITH MY CHILD, WHAT DO I NEED TO KNOW?

Posted on Tuesday, September 12th, 2017 by Tim Simonson and is filed under Child Custody, Child Support, Children, Divorce.

Moving to another state and leaving our Minnesota winters behind can be an exciting change, but, if your move includes your child that you share with a parent you’re not married to, please be careful before making the move. If you choose to move your child without the consent of the other parent and without… Read more »

What Does Primary Residence Mean And Why Is It Important?

Posted on Tuesday, August 15th, 2017 by Tim Simonson and is filed under Child Custody, Children, Minnesota, Primary Residence.

What Does Primary Residence Mean And Why Is It Important? When I talk to people about child custody orders and parenting time schedules, the topic of ‘primary residence’ sometimes comes up; in particular, parents want to know if it’s important for them to be dubbed the parent with ‘primary residence’ of their child. Great question!… Read more »

HOW CAN I GET MY EX TO HELP WITH DAY CARE EXPENSES?

Posted on Friday, August 11th, 2017 by Tim Simonson and is filed under Child Custody, Child Support, Children, Divorce, Life.

For working parents, finding child care can be a scramble; especially for single parents. Whether you’re using a licensed day care, a nanny, a friend or relative, you’ve gotta find a person who’s trustworthy, available, and affordable. If you’re a single parent, absorbing that cost without help from the other parent, is just not in… Read more »

Child Custody: The Importance of Making it Legal

Posted on Tuesday, February 28th, 2017 by Marc Beyer and is filed under Child Custody, Child Support, Divorce.

When married couples separate with the intention of making it permanent, a divorce almost always follows. That is because the law recognizes the legal relationship known as marriage. In order to terminate that legal relationship, a marital dissolution proceeding, otherwise known as a divorce, is required. As one Judge once told me, the Court has… Read more »

Out of State Moves

Posted on Tuesday, February 21st, 2017 by Marc Beyer and is filed under Child Custody, Divorce, Life.

In my opinion, one of the most difficult issues in family court cases is out-of- state moves. Let’s say that following a divorce, Mom has primary physical custody of the children, but Dad has liberal parenting time. Mom is offered a job out-of- state, or, perhaps her current employer is requiring her to transfer out-of-… Read more »