Categorized: Parents

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 »

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 »

THE NEW CHILD SUPPORT LAW; FROM “CLIFFS” TO “BUCKETS”

Posted on Tuesday, June 19th, 2018 by Tim Simonson and is filed under Child Support, Divorce, Minnesota, Parents.

Beginning August 1st, a change to the Minnesota child support law takes effect which should come to the relief of many parents who are paying too much child support under the current child support guidelines. The problem that many of these parents were facing resulted from some flaws under the former ‘Parenting Expense Adjustment’, Minn…. Read more »

Missed Parenting Time: Who’s to Blame?

Posted on Tuesday, May 8th, 2018 by Marc Beyer and is filed under Divorce, Life, Parents.

My law partner Tim recently blogged about missed parenting time. See “Stop Messing With My Parenting Time! What Happens When Parenting Time is Lost Because a Parent Isn’t Following the Schedule?“. From the fact pattern discussed in his blog, it was clear that one parent was consciously limiting the other parent’s time with the children…. 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 »

Changes Coming to Child Support in Minnesota

Posted on Tuesday, April 17th, 2018 by Marc Beyer and is filed under Child Support, Divorce, Minnesota, Parents.

A variety of factors go into calculating child support. The law considers the income of both parents, the number of children, and each parent’s parenting time percentage, among other factors. The data is inputted into the child support calculator found on the Department of Human Services website, and the presumptive child support obligation is then… 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 »

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 »