Categorized: Children

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 »

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 »

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 CHILD CUSTODY LAW & LESSON FROM MICHAEL BOLTON

Posted on Tuesday, April 2nd, 2019 by Tim Simonson and is filed under Child Custody, Child Support, Children, Divorce, Michael Bolton.

It’s one thing to warm up to the idea of your child being forced to spend time with your ex; but being forced to encourage your child to spend time with your ex, and to enjoy it, well, that’s wading into uncharted waters. But Minnesota law forces courts to analyze a parent’s ability to encourage… 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 »

Restricting Parenting Time; When Can A Child Choose?

Posted on Tuesday, March 13th, 2018 by Tim Simonson and is filed under Children, Communication, Minnesota, Parents.

Courts have been asked to consider a child’s preference in deciding whether to allow parenting time. Recently, a district court’s decision to restrict parenting time was appealed after a child refused consecutive parenting time sessions with the father. Although there was no evidence was found that the custodial parent had influenced the child’s decision to… Read more »

PRINCE’S LESSON ON PATERNITY

Posted on Tuesday, September 19th, 2017 by Tim Simonson and is filed under Children, Minnesota, Paternity, Prince.

When I think of Prince’s legacy, his immeasurable contributions to the arts and culture, I can’t say that promoting understanding of domestic relations law has a place that legacy.  But the late Prince Rogers Nelson recently surprised me his abilities.  The impact of this man’s extraordinarily talent extends even to domestic relations law, as I… Read more »