In an earlier post we discussed the topic of Divided Custody, in which an agreement is reached for one child to live with one parent and another child to live with the other, often with visitation rights for each parent still allowed.

Another way to reach an agreement for Child Custody is through Collaborative Family Law.  Collaborative family law is a form of mediation in which the interests of every family member are given highest priority, and the ultimate goal is to reach a settlement that benefits the entire family.  Unlike custody evaluation, there is no third party mediator and the attorneys for both parties work together towards reaching a mutual agreement.  Any conflicts that may arise are generally resolved through collaborative problem solving, not through litigation.

Helping families with Child Custody is something that our Family Law Firm is familiar with and we want to help your family achieve the best possible outcome.  Contact us today to discuss your case and learn more about how your needs will be best represented.  More information can also be found by visiting our Child Custody FAQs page.

In another post in our Defining Legal Terms Series, we help you to understand what a Parenting Plan is and why it is important to child custody matters.

A Parenting Plan is a document that is meant to address the agreed upon rules the parent will follow to take care of the child(ren) involved in the divorce.  This document will often set clear expectations from the beginning and therefore help to keep disagreements to a minimum.  It can outline:

• Which holidays will be split between parents and an agreement for future years.
• Limitations or agreements on where the parents can live.  For example, agreeing to first discuss the other party moving to another city that would then make transportation to school or regular activities more difficult, before they actually move.
• The amount of time each parent will be responsible for each week, month, year, etc.  The more clear this can be from the beginning, the easier it will be to manage once the divorce is final.
• Which parent will be responsible for taking the child to after school activities, church, what happens if the child gets sick during school, who will pick them up?

Parenting plans can be as short or as detailed as the parents feel comfortable drafting.  At Butler & Allen, we can help you draft the Parenting Plan and often starting the process early can show the custody judge you want the best for your child and are willing to work with the other parent.  Of course in some situations parenting plans are not practical if one party is asking for full custody, but in cases where custody will be divided Parenting Plans can provide an agreed upon document that limit emotional arguments and simply list in black and white the plan.

If you would like to talk to one of our Family Lawyers about drafting a Parenting Plan, or regarding any other child custody questions please call us at 651-228-0720 or fill out our online contact form.

Indian Child Welfare Act (ICWA) is a federal law which protects Indian children who are members or eligible members of a federally recognized tribe.  The law allows the child’s tribe to be involved in the child’s case to help keep the community stable and to help eliminate the removal of children from their homes and then placing them in public and private agencies.  The tribe may intervene in the case and petition the case be moved to the tribal court.

To find more information on the ICWA law please visit their website here: http://www.nicwa.org/Indian_Child_Welfare_Act/faq/

The family attorneys at Butler & Allen are here to help with every situation from child custody to divorce to father’s rights in the courtroom.  Please contact one of our experienced MN Family Law Attorney’s today and we will offer you a free consultation to discuss your case.

Custody battles are a common side effect of a divorce.  The court has a few options when awarding custody.  While joint custody is often preferred for both parties involved and may be best for the children, one option is Divided Custody.  

Divided custody is when one child lives with one parent, and the other child with the other parent.  It is not usually the desired ruling although divided custody will usually still allow visitation rights to the parents to see both children, but each child would have a primary parent.

Custody battles are something that our Family Law Firm are familiar with and we can help you to achieve the best outcome for your situation.  Contact us today to discuss your case and what we can do to win you the child custody you deserve.  Also visit our Child Custody FAQ page to learn more about custody.

Annulment is the term used for the court procedure to void a marriage.  Annulment is used for many reasons, some of them include:

• One party was unable to voluntarily consent to the marriage at the time it took place due to mental illness, under the influence of drugs or alcohol, or if their was a threat on someone or force used to agree to the marriage.
• Unable to consummate the marriage and the other party did not know at the time of marriage
• One of the parties was not of legal age for Marriage.  In Minnesota the legal age for marriage is 18.  16 with a parent consent.

There are time limits for filing for an annulment.  If you believe you need an annulment in Minnesota, you should speak with a lawyer and they can guide you through the process.  The attorneys at Butler& Allen PA can help you if you think you would like to file for annulment.

Contact one of our MN Family Lawyers today and we will be in touch with you soon.

Alimony, also referred to as spousal maintenance, is a term to describe the legal obligation of a spouse to provide financial support to the other spouse after separation or divorce. 

The alimony amount, how it should be paid, and for how long are up to the judge hearing your case.  One of the main reasons for alimony is to ensure the same standard of life can continue for both parties after a divorce or separation. 

For more information please visit our Alimony page.  The attorney’s at Butler and Allen have successfully worked with clients during divorce and separation proceedings in Minnesota.  Contact us today for a free consultation regarding your family law dispute.

View our attorney profiles here.

We would like to provide you with definitions of common legal terms that you may hear during a family law dispute.  You will be able to reference all of the articles by clicking on the ‘Legal Term Glossary’ category of the blog.  The MN family law attorney’s at Butler & Allen, P.A. are here to help you.  Please contact us with any additional legal questions.

Outside of the legal profession, custody is simple. After a divorce, who takes care of your children?

Within this simple question, though, other details come up.  Where will your children live? Who will make decisions about raising them?

There are two different kinds of custody and two different ways each can be awarded to a parent by the court.

Below are the ways the Minnesota Statute defines custody and our practical definitions:

Legal custody

• Statutory definition: “Legal custody means the right to determine the child’s upbringing, including education, health care, and religious training.”
• Practical definition: When you have sole legal custody, you alone make the major decisions about raising your child. When you have joint legal custody both you and your child’s other parent share in making major decisions about raising your child.

Physical custody and residence

• Statutory definition: “Physical custody and residence means the routine daily care and control and the residence of the child.”
• Practical definition: When you have sole physical custody your child resides mainly with you.  When you share joint physical custody, your child usually spends substantial time in both your home and your child’s other parent’s home.

Custody determination

• Statute definition: “Custody determination means a court decision and court orders and instructions providing for the custody of a child, including parenting time, but does not include a decision relating to child support or any other monetary obligation of any person.”
• Practical definition:  A custody determination sets forth the legal and physical custody arrangements for you child as defined above.  These orders may include, or may not include, financial responsibilities for each parent, as well.

Undergoing a family law proceeding is hard enough. And then there’s the legal lingo.

What’s the difference between a “legal separation” and a “divorce”?
What’s the difference between “joint legal custody” and “joint physical custody”?

At a time when you already have a lot to think about, trying to understand complicated legal terms is the last thing you want to do.

At Butler & Allen, P.A., we know your family law case is a stressful event. So when everything else is at its worst, we’re here for you, giving you our best. (more…)