Family Law Archives | Page 5 of 5 | Attorney Aaron Hall

Category Archives for Family Law

Federal VS MN State VS MN County: Government's Role in Child Support Matters

Federal Government Minnesota Statutes have long provided for child support orders in cases where parents separate, divorce, or have never married. In 1975, the federal government also became involved in this issue. Congress enacted laws aimed at establishing uniformity and setting minimum standards in state child support enforcement systems. The goal was to reduce the […]

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Custody Designations: What Does It All Mean?

One of the main sources of confusion for many family law clients is the legal distinction between “sole” and “joint” custody and between “legal” and “physical” custody. For many people, “having custody” of a child simply refers to being the parent who is primarily responsible for raising the child. This conceptual notion typically involves a […]

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Domestic Abuse Counseling and Educational Programs

Court-ordered program If the court stays imposition or execution of a sentence for a domestic abuse offense and places the offender on probation, the court must order that the offender participate in and successfully complete a domestic abuse counseling program or educational program as a condition of the stayed sentence. Minn. Stat. § 518B.02. Standards […]

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Relief Available Under the Domestic Abuse Act

Petition for relief A petition for relief under the Domestic Abuse Act is known as a petition for an OFP in cases of domestic abuse. A petition for relief may be made by any family or household member. In the case of a minor, the petition may be made by a family or household member […]

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Appointment of Parenting Time Expeditors to Resolve Parenting Time Disputes

In addition to the more traditional routes of attending mediation and filing a motion with the court, another alternative that may be available to the parties when a parenting time dispute arises is the appointment of a parenting time expeditor. Generally, a parenting time expeditor may be appointed upon the request of either party, by […]

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How To Deal With Parenting Time Issues

Custody and parenting time issues commonly arise in the context of either a divorce action or, in the case of unmarried parents, a separate proceeding to establish custody and parenting time. In either scenario, if a court determines (or the parties agree) that one parent will be awarded sole physical custody of a child, issues […]

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Minnesota Custody Law: Best Interests of the Child

Child’s Best Interests Standard One of the most frequently asked questions in family law is how a court determines child custody in contested matters. Under Minnesota law, custody is determined under the “best interests of the child” standard. What does this statutory phrase mean in practical terms? The legislature has identified thirteen factors that a […]

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Emancipation in Minnesota: Laws on Leaving Home

In Minnesota, “emancipation” means that a minor has the same legal rights and Minor obligations as an 18-year-old adult. It can also be “partial, conditional … or limited as to time or purpose.” Sonnenberg v. County of Hennepin, 99 N.W.2d 444, 447-448 (Minn. 1959). A minor can be emancipated by a legal marriage or by […]

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Minnesota Domestic Abuse TRO – How to Get a Temporary Restraining Order

Need Help? Minnesota Domestic Violence Crisis Line: 1-866-223-1111 Minnesota Domestic Abuse Project: 612-874-7063 National Domestic Abuse Hotline: 1-800-799-7233 A TRO is a Temporary Restraining Order issued by a Minnesota court judge. The most common type of TRO is for domestic abuse or threats of violence in the family context, but Temporary Restraining Orders are also […]

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