Frequently Asked MN Family Law Questions

Q: Is there a preference regarding gender in the Minnesota Statues?

A: No. Minn. Stat. §518.17, subd. 3(a)(3) states that the Court shall not determine custody on the basis of the sex of the parent.
However, traditional biases and prejudices regarding parental roles do come into play. Attorneys who often represent mothers understand this and have become accustomed to using this for their client’s advantage.
Therefore, it is extremely important that fathers seek more aggressive representation in these matters to help eradicate any traditional biases and prejudices from having any impact on their cases.

Q: What is Mediation?

A: Mediation is a forum in which a neutral third party facilitates communication between parties to promote settlement. A mediator does not make decisions in your case.
Mediation is commonly used to negotiate settlements in Minnesota family law cases and can take place with or without the parties’ respective attorneys present.
Mediation does have a high success rate. However, not all mediation sessions are successful and it is not appropriate for everyone. Choosing an appropriate mediator for your case will increase your chances that mediation will be successful.
Therefore, it is important to consult with an experienced family law attorney to assist you in choosing the appropriate mediator.