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Legal Terms Defined: What is ICWA?

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/

 

Legal Term Glossary: What is Alimony?

 

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. We at Wolf, Rohr, Gemberling and Allen P.A. have successfully worked with clients during divorce and separation proceedings in Minnesota.  Contact us today for a consultation regarding your family law dispute.

Legal Term Glossary Blog Series

 

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 Wolf, Rohr, Gemberling and Allen P.A. are here to help you.  Please contact us with any additional legal questions.

Parenting Styles Part II: How to Incorporate Positive Parenting Techniques

As indicated in the previous post, utilizing a Positive parenting style is integral in helping your children build more self-confidence, increase social skills, and perform better in school. If you realized you were using one of the other parenting styles and want to know how to transition into a Positive Parenting style below are some ideas. If you are not doing these, maybe it’s time to re-evaluate and incorporate some, if not all, of these tactics. Continue reading “Parenting Styles Part II: How to Incorporate Positive Parenting Techniques”

What Kind of Parent are You?

Everyone has a different approach to parenting. How you decide to parent your child can come from a combination of factors, but mainly your parenting style comes from how you were raised. There are four basic parenting styles.

Knowing which one you use can help you to understand why you react certain ways and how each action can positively or negatively affect your child. Likewise, knowing your spouse’s parenting style will help you recognize how they approach situations.

Whether you are married or divorced it is helpful to understand which styles of parenting your children are receiving from each parent. Continue reading “What Kind of Parent are You?”

What to Consider for Each Age Group When Raising a Child

Every child is affected differently by divorce and their needs can heavily depend on their age. It’s important to know what the basic needs are for each age group, what can help them cope, and what situations the child may be facing at that age. Age groups can be classified into four categories: infants and toddlers, preschoolers, elementary middle-schoolers, and adolescents. Continue reading “What to Consider for Each Age Group When Raising a Child”

Minnesota Family Lawyers on Children and Parent Relationships

Divorce can be a difficult and emotionally draining situation, and when children are involved the process can become even more complicated. But for your children’s well being, one important thing to remember is to be supportive of the child’s relationship with the other parent. This is sometimes not an easy stance to take, especially if there is still anger or hurt present. Continue reading “Minnesota Family Lawyers on Children and Parent Relationships”

Minnesota Family Law on Presenting Your Parenting Plan in Court

During a divorce and custody battle the courts main concern is the well-being of your child. Ideally you and the other parent would work together to create a parenting plan that suits everyone involved. This is optimal because you know your child best, you have a say in how they are raised, and then it makes it easier for the judge to approve. Additionally, it is much more cost effective to not involve the court in your parenting decisions. In the event you don’t come up with a parenting plan to present to the court, then it will be up to the court to determine how you should raise your child.
In both cases the judge will ask you questions to ensure the best interest of your child is taken into account. Below is a list of some typical questions the judge may ask. These are good things to proactively think about prior to making your court appearance.
Continue reading “Minnesota Family Law on Presenting Your Parenting Plan in Court”

Meeting to Discuss the Parenting Plan

We’ve talked about the importance of creating a parenting plan, and how the individual ages of your children will play a significant role in that plan.  As you prepare to have that meeting with the other parent, here are a few tips to make it a successful one.
Pick a Location
Choose a place to meet the other parent that is neutral for both parties and quiet enough to concentrate on the matter at hand.  This should be a safe place where both of you can discuss the necessary topics without feeling threatened or oppressed.

Set Expectations for Duration
Set realistic expectations ahead of time for how long the meeting will take.  Be sure to give yourselves enough time to accomplish your goals, but don’t spend so much time at once that you’re tempted to become frustrated or exhausted.  If necessary, plan for two shorter meetings instead of one long, grueling one.

Prepare to Listen and be Respectful
Arrive at the meeting ready to genuinely listen to each other.  If all you’ve planned for is talking, that may be all you do.  Know in advance that the meeting will work best if each party makes conscious effort to listen quietly for part of the time.  In addition to listening, prepare yourself to speak respectfully to the other parent.

Be Ready to Admit When You’re Wrong
Mistakes happen, and your meeting is likely no exception.  Being mature enough to apologize when those mistakes are made, or when the wrong thing slips out, will show the other parent that you’re taking this seriously.

Stay Focused
It might help to periodically remind yourself why you’re at this meeting.  You’re creating a parenting plan for your kids.  Focus on your children at every step, and keep the meeting concentrated on what’s ultimately best for them.  To that end, be specific at all times, and don’t assume the other parent knows exactly what you mean.

Relax
If you go into the meeting tense, angry, or nervous, there’s a good chance it will be both ineffective and unpleasant for you both.  If it helps, agree on a good breaking point to stand up, drink some water, and take a few deep breaths.  You can control yourself, and staying relaxed makes it much easier.

Know When to End the Meeting
If either party is having difficulty with any of these, or if tensions simply run too high, acknowledge it openly, and agree to give it another try when you’re both more up to the challenge.  It will help if you’re determined to make this meeting work, but not if your determination supersedes your judgment or ability to reason.

Consider these tips, brought to you by our  divorce attorneys , and remind yourself what’s most important–not just for the parenting plan, but for your children in the long term.  We’re here to help; if you have questions, or are interested in learning more about our services, please let us know.

Minnesota Family Lawyers on Reducing Conflict

As Minnesota family law lawyers with relevant experience, we know that conflict at home is never desirable.  One of the keys to a more fulfilling home environment is learning how to reduce the conflict that, at times, seems unavoidable.

A great place to begin is by recognizing the conditions that often lead up to, or enable, the conflict.  Consider the most recent conflict you witnessed or were a part of, and think about what topic or disagreement was at its root.  By pinpointing some of those “trigger” topics, you may be able to better control when or how some of conflicts arise.

Continue reading “Minnesota Family Lawyers on Reducing Conflict”