Feb
22

Beware the Wolf v. Oestreich at the Door - A Lesson in Managing Legal Custody and School Decisions

For parents going through a divorce or separation, one of the first questions that comes to mind is the designation of custody. Minnesota law labels two types of custody of children – legal and physical. Legal custody is defined by Minn. Stat. § 518.003 as “the right to determine the child’s upbringing, including education, health care, and religious training.” Physical custody is defined as the routine daily care and control of the child and can also include the designation of one parent’s home as the primary residence of the child.

Most separated parents in Minnesota share...

Nov
8

The Reality of the Dependency Exemption after the Tax Cut and Jobs Act

Generally, the tax dependency exemption is awarded to the custodial parent; this is the federal default[1]. The custodial parent is defined as the parent receiving more than 50% of the parenting time, based on overnights. However, Minnesota Courts have the power to award a tax exemption to a non-custodial parent incident to the determination of child support and physical custody. Minn. Stat. § 518A.38, subd. 7. In making the decision, Courts are directed to consider: 1) the financial resources of each party; 2) if not awarding the dependency exemption negatively impacts a parent’s...

Oct
14

Child Support in Minnesota - Evolution or Revolution in 2018?

On August 1, 2018, a new child support law went into effect in Minnesota.  The question many people have is simple: so what?   Well, child support is all about the math.   In 2018, the math has changed in significant ways.

The new law requires the Court to know the exact number of overnights each parent will have with their child to determine the percentage of time each parent has, averaged over a two-year period, to apply a Parenting Expense Adjustment.  Minn. Stat. Sec. 518A.36. The Parenting Expense Adjustment, which is a new concept in Minnesota law, recognizes that a parent...

Jan
25

How Technology Helps and Hinders Co-Parenting

Parents today are learning how technology can provide a wealth of information about their child while outside of their sight.  Many electronic tools are extremely accessible, such as text and video messages sent instantly over cell phones, FaceTime, social media posts, and even video baby monitors that can be accessed from another room or through an app.  Some tools are more surreptitious, including tracking devices, remote location monitoring, Google glasses, recording “undercover” videos, or even turning on speaker phone when a child is talking to the other parent.  A client who...

Oct
6

Adopciones: Preguntas Frecuentes

Frecuentemente recibimos consultas y preguntas sobre adopciones en Wilson Law Group. Una adopción se trata cuando una persona o personas legalmente crean una relación de padre a hijo cuando no hay una relación biológica de padre a hijo. Por ley, un hijo adoptado hereda los mismos derechos, beneficios de seguro social, y la misma protección como los hijos biológicos. Aunque cada familia es diferente, estas son las preguntas frecuentes que recibimos sobre las adopciones.

Puede mi esposo/esposa o pareja adoptar a mi hijo?

Esta es una típica situación que vemos en Wilson Law Group....

Jun
18

Minnesota Child Support and Parenting Time: No Guarantees

A common question is: “Since I’m paying child support, I’m automatically entitled to parenting time with my kids, right?” The frustrating answer for many parents is: no; simply paying child support does not automatically grant a parent the right to parenting time with his or her children.

Under Minnesota law, when a child is born to an unmarried mother, the mother automatically has full legal and physical custody of the child. Minn. Stat. § 257.54. Even if the father signs a Recognition of Parentage and is on the birth certificate, this does not grant the father any rights to...

Jun
18

Where's Mommy - Planning to Help Children When a Parent Is Unavailable

All parents panic at the thought of an emergency that separates a parent from a child and leaves the child temporarily with no immediate care provider.   No parent wants the state to take responsibility for their child, or consider foster care for a temporary situation when better options exists.   This parental concern is even stronger for parents who fear contact with Immigration & Customs Enforcement or another law enforcement agency.  There are legal tools that help a parent prepare for such a scenario.  

In many cases, the period of separation is less than twenty-four hours and...

Feb
21

Modification of Custody and Parenting Time

Sometimes clients come to Wilson Law Group months or years after finalizing a divorce or custody case and want to change the custody labels or parenting time schedule established previously. Some parents want to modify custody labels due to a new reality: a new job that is farther away, or because the child has started living with the “non-custodial” parent full-time. Other parents want to modify custody because they are concerned with the other parent’s parenting skills, or fear for the safety of the child. Modification, however, can be a very difficult process in Minnesota as many...

Nov
25

Family Court Jurisdiction over Non-Residents of Minnesota

Wilson Law Group regularly represents clients seeking a divorce from a spouse living outside of Minnesota.  We encounter a common situation where the parties have been separated for years, often by borders or oceans, but have not actually divorced.  Eventually, the spouse recognizes the time has come to dissolve the marriage, for various personal reasons.  The passage of time does not simply render the parties divorced (an unfortunate myth that continues to persist), and any subsequent marriages are invalid if the prior marriage is not dissolved. 

When the spouse is living outside of...

Oct
12

Recognition of Parentage: Simple Form with Serious Outcomes

When a child is born in Minnesota to an unmarried mother, the mother automatically has sole legal and sole physical custody of that child under Minn. Stat. § 257.541.  When this happens, many parents sign a Recognition of Parentage, or ROP, form so that the baby’s birth certificate will have both parents listed. This is a form that is frequently signed at the hospital and is then submitted to the Minnesota Office of Vital Statistics. The ROP can be signed at any time, however, no matter how old the child is. Signing the ROP is easy to do, but doing so can cause significant...

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