Janet L. Goehle, Attorney at Law
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May 2016 Archives

Can my parental rights be reinstated?

If you have had your parental rights revoked, you may be able to have them reinstated thanks to the Family Reunification Act of 2013. It used to be that once your legal relationship with your child was terminated, you were not eligible to have it reinstated. As a result, your children may have been a ward of the state and have had a court-appointed guardian making decisions regarding their care for a long time.

Risks of trial may merit negotiation of divorce settlement

A spouse facing divorce can have a range of emotions about the breakdown of the marriage that may include sadness, resignation, anxiety, despair, anger or embarrassment, depending on the circumstances. Some people going into the divorce process feel extreme hostility and even a desire to "win" in court at the other spouse's expense through the traditional, adversarial court trial.

Divorce and marital property

Divorce is not just a dissolution of marriage, it also a dividing of marital property and financial assets. Some people in Minnesota find it easy to reach an agreement, while others find the path a bit more difficult. People who want to protect their rights and their assets need to be aware of how the courts handle this type of situation if neither party can reach an agreement amicably.

How does parental relocation affect child custody?

If you have been awarded primary custody of your children and want to move out of Minnesota, you may face certain challenges if there is a parenting time agreement in place. Noncustodial parents have rights that may be violated if they do not agree to the relocation of the children. Since moving out of state is a matter that can affect child custody agreements, parenting time, the rights of the other parent and of the children, if you hold primary custody, you must petition the court for permission to relocate out of state.

How parenting time affects child support

Child support orders are awarded to ensure that noncustodial parents meet their financial obligations regarding the care of their children. However in Minnesota, parenting time can affect child support orders. Child support does not automatically grant or revoke the noncustodial parent’s right to visitation or parenting time. However, if the courts feel that parenting time is detrimental to the well-being of the children, visitation can be denied. Some parents may be able to have their child support orders modified if certain parenting time conditions are met.

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