These never-married couples with children have become a major issue for family law courts. Across the nation, approximately 40 percent of children are born outside of marriage.
Rather than treating these never-married parents like traditional divorcing couples, a Minneapolis court is attempting a fresh approach called the Co-Parent Court in order to better handle the new issues raised by the shift.
]]> Hennepin County Family Court Judge Bruce Peterson says the move stemmed from what he saw as a growing problem: young men appearing for paternity establishment and child support hearings who had little to no relationship with the mother of their child. Such parents would then be faced with having to figure out how to raise a child together for the next 18 years. In these situations, the decline in father involvement in the child's life tends to be steep.Patterned after problem-solving courts in the criminal system, the Co-Parent Court works on the premise that child support payments will be more consistent and parental conflict less if the child has two involved parents, not just one.
As part of the co-parenting experiment, parents can get aid from an array of community agencies. This may include help finding a job or dealing with domestic violence, mental health or addiction problems.
In addition, the parents must attend four co-parenting sessions. These sessions help the parents to, among other things, draft a parent plan that covers such common issues as holiday schedules or how to interpersonal communication.
Source: MPR News, "Never-married parents get help from special court," Sasha Aslanian, May 7, 2012
]]>However, at least one Minnesota family court has come under criticism recently. As a result of that criticism, the deputy majority leader of the Minnesota State Senate asked the Minnesota Supreme Court and the state court administrator to investigate the First Judicial District to assess if a "systemic problem" exists in how it handles family law cases, particularly in Carver County.
]]> In response, the State Court Administrator issued a letter stating that an investigation was not necessary. According to the letter, unhappy litigants already have sufficient avenues for review if they believe the judge failed to act properly. If the judge made a legal error, the case may be appealed. Similarly, if the litigant believes that the judge acted unethically, the litigant can send a complaint to the Board of Judicial Standards.The letter also indicated an investigation was not necessary because the First District's Chief Judge had recently conducted an extensive review of the allegations. Because of the available avenues of review plus the prior investigation, the letter concluded by declining to act on the senator's request for investigation.
When judges fail to act appropriately within a practice area like family law, it can lead to devastating consequences. This is especially true in property division where a family's asset division is decided by the officer of the court. In many cases, these assets are the product of a lifelong body of work or a career. The judicial officers overseeing this process must act properly and litigants must have the ability to act when a judge may have acted outside of the standards of conduct.
Although most judges act with the highest levels of professionalism, individuals with family law issues may benefit from contacting an experienced family law attorney as they attempt to move on through this new chapter of their lives.
Source: Chanhassen Villager, "State court officials don't plan on reviewing family court matters," Richard Crawford, May 1, 2012
]]>Deion Sanders, a Pro Football Hall of Famer, is going through the former. Last December, Sanders filed for divorce. Four months later, his estranged wife retaliated with a lawsuit alleging that Sanders made libelous and slanderous statements about her.
]]> The divorce, however, recently took a turn for the worse. Police arrested Sander's wife for assault after Sanders claimed that she attacked him in front of the couple's sons. She was charged with assault-family violence, a Class C misdemeanor.Though the Sanders' divorce has not gone smoothly, Minnesota couples do not necessarily have to endure that kind of hostility. Rather than following the traditional path of litigating a divorce, couples can instead choose to go through mediation.
Unlike the traditional divorce process, mediation involves a neutral third-party who works with the couple to come to an agreement. Mediators help promote communication, understanding and creativity to find mutually agreeable solutions.
Mediation has a number of benefits. For example, by focusing on reconciliation and understanding, it diffuses many negative emotions involved in divorce. This is particularly important for couples that will have an ongoing relationship, for reasons such as sharing children.
In addition, in many cases, divorce mediation is less costly. Settlement often takes less time than a typical contested divorce and avoids the risks of a trial.
Divorce mediation is not for everyone though. Parties that cannot compromise or mediate in good faith, for instance, should probably not seek mediation. Likewise, mediation does not work in abusive relationships where the parties cannot fully express their opinion out of fear of their abuser.
Source: NBC Sports, "Pilar Sanders, wife of Deion, arrested for assault," Michael David Smith, April 24, 2012
]]>Divorced parents in Minnesota know that child custody can be a major issue. Parents must agree on whether they will share child custody and how much parenting time the non-custodial parent will have. The process can cause intense emotional distress and disrupt the chance of the non-custodial parent to have a rich and meaningful parental relationship if the parties cannot find favorable solutions for everyone involved.
The Minnesota House recently put itself in the middle of the process by passing a bill by a vote of 80-53 that would change Minnesota's child custody laws. If the bill becomes law, it would add a presumption of joint physical and legal custody between the parents.
]]> Physical custody refers to a parent's right to make decisions about the child's day-to-day activities as well as where they live. Physical custody can be sole or joint. Under joint physical custody, the routine daily care and residence of the child is shared by the parents. Under this arrangement, the child typically will spend time with each parent over the course of a normal week.Legal custody refers to a parent's right to make decisions about how to raise the child in regard to education, health care and religious training. Like physical custody, legal custody can be sole or joint. Under joint legal custody, both parents share the responsibility for making decisions about the child's education, health care, religious training and other issues that arise.
Advocates of creating a presumption of joint physical and legal custody between the parents contend that it is a necessary balance to a system that favors mothers. Opponents disagree. They claim that 95 percent of separated parents ultimately agree on parenting arrangements and that adding the presumption would actually add conflict.
Source: Minnesota Public Radio, "House approves bill to change custody laws," Sasha Aslanian, April 18, 2012
]]>In late March a Brookston boy went missing after his father, embroiled in a custody dispute with the boy's mother who now lives in Canada, allegedly kidnapped him. The man had reportedly threatened to harm the child if he lost custody.
]]> Police found the boy and his father in a rural cabin in St. Louis County's Stoney Brook Township late at night on April 7 with the help of a tip. Police then surrounded the cabin and moved in. The boy was rescued unharmed, but the father is in intensive care at St. Luke's hospital in Duluth following surgery for the man's self-inflicted wounds to the neck. He will face charges of kidnapping and deprivation of parental rights.This incident highlights an extreme example of the emotions involved in divorce generally and child custody specifically. Mitigating the negative emotions surrounding the process requires more than just an understanding of Minnesota family law. It also takes a deft understanding of people and how to navigate the process in a way that results in a favorable agreement that both parties can live with long-term.
Two methods that may work well in such cases are mediation and cooperative law. These approaches rely on the parties and their attorneys to work with each other to agree on solutions to difficult issues rather than fighting one another in court. By working together, the parties often reduce emotional conflict while laying the groundwork for future cooperation regarding raising their children.
Source: Pioneer Press, "Minnesota boy found safe with father after nearly 2 weeks," Peter Passi, April 9, 2012
]]>However, one unlucky victim of the recession recently managed to secure a downward adjustment to his spousal maintenance responsibilities. The Illinois man divorced his wife in 2000 after more than 30 years of marriage. At the time, he earned as much as $500,000 a year and owed $168,000 a year in alimony. By 2010 though, his annual income fell to around $165,000. Soon after he was let go from his lucrative job and was forced to withdraw more than $800,000 from his retirement fund.
]]> Unable to pay the required amount of spousal support, the man filed for his spousal maintenance payments to be terminated. Although they were not terminated, the Illinois court ultimately modified the man's alimony amount to 20 percent of his current income.Under Minnesota law, no set formula exists to calculate spousal maintenance. Instead, the amount of alimony will depend on a variety of factors including the length of the marriage, the financial resources of each spouse, and the needs of each party.
Whatever amount an individual is required to pay in spousal support, they may always seek to have the issue readdressed. Modification will be allowed if the party seeking modification shows that there has been a substantial change in circumstances that makes the original amount of alimony unreasonable or unfair.
Source: ABA Journal, "Alimony Decision Shows How Layoff Affected BigLaw Partner," Debra Cassens Weiss, March 30, 2012
]]>The cooperative law process, also known as a collaborative divorce, is similar to mediation. However, a mediator is not present in the cooperative law process. It has become a popular choice for resolving a divorce and other family law problems because it offers couples a fair and economical route to ending their marriage.
]]> The collaborative process starts by having the parties agree to enter into good faith negotiations with the goal of crafting a fair, mutually-acceptable agreement.Throughout the process each party has a separate lawyer who advises them on applicable law and the consequences of their potential options. When the parties need an objective assessment of an issue, they may use a neutral expert. The expert is expected to focus on the facts and to educate the parties, not to advocate for either party.
If the parties ultimately cannot achieve a mutually agreeable settlement, then the divorce proceeds to litigation.
The cooperative law process provides an effective and affordable way for Minnesotans to resolve family law issues, especially divorce. Individuals considering the cooperative law process may benefit from talking to an experienced family law attorney familiar with the cooperative law process.
Source: Vail Daily, "Vail Daily column: Collaborative divorce," Rohn K. Robbins, March 20, 2012
]]>Custodial parents and local government alike have found collecting child support from certain non-custodial parents harder than one might expect. However, Dakota County and the Minnesota Department of Human Services Child Enforcement Division have found one method for collecting past-due child support to work quite well.
]]> The method is called passport intercept. It is done by preventing non-custodial parents with past-due child support from renewing their passport until they have paid all of their outstanding child support. In a recent case, a local man was prohibited from renewing his passport because he owed $32,000 in back child support. Thanks to the passport intercept method, the county collected the entire amount. Nearly all of the money collected went directly to the child's family.In addition to passport intercept, courts in Minnesota have several other mechanisms for enforcing a child support order. A court may require the non-custodial parent's income be withheld. In addition, a court can attach a lien to a property owned by the non-custodial parent within the court's jurisdiction. A court may also suspend the non-custodial parent's recreational, professional, or driver's license.
Courts have a variety of tools for obtaining back child support from unwilling, but financially able non-custodial parents. Custodial parents faced with such a situation may benefit from consulting with an experienced attorney to discuss their options.
Source: KSTP, "Dakota County Collects $32,000 in Back Child Support from One Individual," Michelle Knoll, Mar. 16, 2012
]]>The latest dispute between Kris Humphries and his former bride, Kim Kardashian, revolves around their wedding gifts. Humphries wants to return the gifts. Kardashian, in contrast, prefers to keep the gifts and has instead cut a check for $200,000 to the Dream Foundation.
]]> Minnesota couples may share the same dilemma over property division. As a "marital property" state, Minnesota law provides that all assets and debts acquired during the marriage belong to both parties. It does not matter which spouse paid for the asset or incurred the debt. The marital estate includes 401K accounts, stocks, real estate and personal property such as cars, televisions and furniture. Even frequent flier miles belong to both parties.In deciding how to divide marital assets and property, couples have a variety of options. The parties may go to court, seek mediation, or decide themselves how they should split up the belongings. However, the longer a couple has been married, the more difficult it may be to separate an individual's assets from the marital assets.
In many cases it is best to seek the advice and guidance of an experienced attorney. An attorney can help couples come to a resolution. In some cases, an attorney may be able to work with financial experts who can determine the value of certain pieces of property.
Couples going through a divorce may face many challenges. Fortunately, people do not have to go through the process alone.
Source: The Bellingham Herald, "Unhappily ever after, Kris and Kim feud over gifts," C.J., Mar. 13, 2012
]]>Under current Minnesota law, unmarried mothers are granted sole custody of a child unless a court determines otherwise. Unmarried fathers must go to court in order to obtain custody or parenting time rights. As a result, only one in six dads across the country is the custodial parent in divided families, according to the most recent data from the U.S. Census Bureau.
]]> The bill, known as the Children's Equal and Shared Parenting Act, would provide equal treatment for fathers that could lead to rich and meaningful parental relationships. For example, children that grow up with a strong father figure have lower drop-out rates and a reduced risk of alcohol and drug abuse.Supporters also point out that many child custody laws date back to when fathers worked while the mother stayed home. The bill would update child custody for a time when men and women work at similar rates.
Despite the potential benefits of dual custody, some people oppose the bill. These opponents worry that joint physical custody and equal shared parenting may increase the possibility of family conflict.
Proponents counter, however, that the bill would actually reduce conflict by including all concerned parents. In cases of domestic violence, the bill would not change the protections in place to help victims. Likewise, the bill would not reduce judicial discretion in such cases.
Another problem is the price tag. The Minnesota court system has estimated the bill would cost the court system $4 million annually. However, supporters disagree with the estimate's accuracy, noting that fees will bring that figure down.
Source: West Central Tribune, "Advocates push for change in Minnesota's child custody law," Anne Polta, Mar. 7, 2012
]]>We have been following the story for months. In late January, the 60-year-old man was found guilty of child neglect. Although it appeared unlikely that the man would be reunited with his son, it now seems like a possibility.
]]> Recently, the Lakeville dad had a child-protection hearing to discuss the boy's future. During the hearing, the father requested that the court reunite him with his son since he had done everything his court-appointed therapist had asked of him.The judge overseeing the case and the therapist, on the other hand, recommended delaying reuniting the man with his son for now. For the boy's part, he submitted a letter to the court stating that he enjoyed staying at his maternal great-aunt's home and receiving visits from his mother.
Despite the stalemate, hope for a happy resolution seems to be on the horizon. On the same day as the hearing, the boy's mother suggested a joint-custody agreement. In 2002, the boy's mother lost visitation rights after a series of custody disputes. The boy's father has indicated that he is willing to work with the boy's mother to create a joint-custody agreement. The couple expects to have an approved agreement for the court to review before the next child-protection review hearing on Mar. 21.
The county has until July 27 to permanently place the boy with his parents.
Source: Pioneer Press, "Lakeville dad who abandoned son eyes joint custody with estranged mother," Maricella Miranda, Feb. 22, 2012
]]>Last May, Kelsey Grammer filed for sole custody of their children, Mason, 10, and Jude, 7. He later suggested that the two split the children apart, letting Jude reside with him in Chicago and Mason with her mother in California. However, Camille made it clear that she did not want her children split up.
]]> Although it is not clear what kind of arrangement they agreed to, court documents show that the two have settled their child custody issues.Parents only want what is best for their children, but as couples try to settle child custody matters, there may be some disagreement on what is in a child's best interest. Although child custody cases are often emotional, it is important for parents to remember that at the center of it all is a child.
Those in Minnesota who are dealing with custody matters may find cooperative law to be highly beneficial. Through the cooperative law process, couples agree to work with each other to come to a fair resolution. Both parties are represented by an attorney, and in some cases, neutral parties are called in to provide an objective opinion about a certain matter. If the issues cannot be resolved, the couple can then proceed forward with litigation.
Source: E! Online, "Kelsey and Camille Grammer Settle Custody War," Rebecca Macatee, Feb. 28, 2012
]]>Court officials in one state believe they have been too harsh on parents who are unable to pay child support and see that it becomes a vicious cycle. When a parent has a felony conviction on their record, it is extremely difficult to find a job. When there is an absence of employment, or some sort of steady income, then there is no cash flow. Naturally, when there is no cash flow, the parent is unable to meet the child support payments. The cycle appears endless.
]]> Officials in one state say they have aggressively prosecuted what they refer to as "deadbeat" parents, but now want to reach out and help those individuals so that their children no longer have to suffer.In Minnesota, state statutes determine a formula that calculates the amount of child support that is owed. However, the formula cannot predict unforeseen circumstances, such as job loss.
If you find yourself in a situation in which you have missed child support payments and could possibly be faced with harsh consequences, you would do well to seek legal advice. An attorney can work with you to get your child support modified to an amount you feel comfortable meeting every month.
Source: The Oxford Press, "Butler County tops in state for parents jailed for not paying child support," Denise Callahan, Feb. 17, 2012
]]>Previously in Hennepin County, a case would be closed after five years of missed child support payments. The recent downward turn in the economy bears witness to a huge influx of people ceasing to pay child support rather than modifying the child support order. Where there once was a steady income, empty pockets and ever-growing bills now preside. But after officials discovered hundreds of cases that were closed inappropriately, the state of Minnesota has ruled to reopen many of those child support cases.
]]> However, officials in Hennepin County are skeptical if any additional payments will be made because, in many cases, there is not any source of taxable income present. In fact, many parents that have stopped paying child support are on welfare and do not have a chance at reconciling missed payments. While some previously closed cases are being reopened, it may not necessarily mean there is hope for receiving missed payments.Although officials in Hennepin County are not optimistic, this is not a call to give up. Minnesota residents dealing with child support issues would do well to seek legal advice in order to recoup past due child support payments. Conversely, parents who are unable to make their child support payments may wish to seek a modification.
Source: Star Tribune, "Hennepin County's closed cases on child support to be re-examined," Jeremy Olson, Feb. 13, 2012
]]>Luke Bucklin, a Minneapolis entrepreneur, and his wife Ginger had been caring for five children from his previous marriage to Michelle Bucklin. In addition, Luke and Ginger were parenting Michelle's six-year-old son from an earlier marriage.
]]> Tragically, the man and three of his sons were killed in a plane crash last fall. Although Ginger and Michelle had been jointly caring for the six year old, they are now battling over who should be granted custody.Ginger Bucklin believes that Michelle Bucklin is emotionally unstable. Court documents even reveal that Michelle was hospitalized recently for psychiatric reasons. Her attorney says it was for depression after losing her ex-husband and three sons in the plane crash.
Ginger Bucklin has been granted child custody of the six-year-old boy, but it appears that this custody battle is not over yet.
Those in Minnesota and elsewhere who are facing child custody issues would do well to consult with an experienced attorney. An attorney can advise a parent on what the best course of action might be. They will then work to resolve any child custody issues while protecting the rights of their client throughout the entire process.
Dealing with child custody issues is not always easy. Fortunately, parents do not have to go through the process alone.
Source: KARE, "Custody battle brews over son of MN exec. killed in plane crash," Feb. 6, 2012
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