Categorized: Children

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 »

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 »

Using the Court’s Contempt Powers to Enforce a Child Support Order

Posted on Tuesday, May 9th, 2017 by Tim Simonson and is filed under Child Support, Children, Divorce, Minnesota.

I sometimes get asked what can be done about a parent who isn’t paying child support. It can be frustrating because there are sometimes different factors that explain why a parent is not keeping up with his/her duty to contribute to their’s food, clothing, and shelter. Sometimes this includes: The parent changed jobs and the… Read more »

Who Claims The Kids? The Riddle of Claiming Tax Dependency Exemption

Posted on Tuesday, April 11th, 2017 by Tim Simonson and is filed under Children, Divorce, Finances, Marriage, Minnesota, Taxes.

If you’re a parent, and you’ve filed taxes, you’re probably aware that the US tax code permits a taxpayer to claim an exemption for each of his or her dependents. 26 U.S.C. § 151. And, if you are a divorced or separated parent, you may know that if you who had the kids living with… Read more »