Role of a Parenting Consultant

A Parenting Consultant (PC) has similar functions as a Parenting Time Expeditor (which we discussed in a previous post).  Parenting Consultants however, are not authorized by Minnesota Statute and are created solely on the basis of a contract.  Since there is no statutory authority for appointment of a parenting consultant, you cannot be court ordered to have one assigned to your case.  Parenting consultants can only be court ordered by the agreement of both parties.

Since a parenting consultant is created by contract, they essentially can be appointed for whatever purpose that they are needed for.  Often time a parenting consultant is appointed with the same enumerated powers that a parenting time expeditor has but in addition they are granted the authority to make permanent schedule changes.  One situation where having a parenting consultant in place to increase or decrease parenting time could be where a parent has issues with chemical dependency.  A parenting consultant can assist the parties in monitoring sobriety and increase parenting time if sobriety continues, or decrease time if there is a relapse.  Another example where a parenting consultant that has authority to increase time can be beneficial is with young children.  Parents may agree that a limited parenting time schedule is appropriate when their child is an infant.  However, a schedule for a 3 month old baby is not appropriate once the child gets older.  A parenting consultant can assist parents in increasing parenting time if they do not agree.

Parenting consultants may also be given the authority to decide legal custody decisions when joint legal custodians cannot agree.  This can be helpful if you are struggling with school choice for your children, or if you cannot agree on whether or not your child needs to get braces.  A parenting consultant may also be of value in deciding which extra-curricular activities that children participate in, and who pays for them.

Even though the issues decided by parenting consultants could be simply brought before the court in a motion, there are many advantage of using a parenting consultant versus going through the traditional court route.  Depending on the county that your case is venued in, motion hearing dates could be booked out as much as three months.  Even when you do get to your hearing date, your judicial officer statutorily has 90 days before they have to issue a decision.  You could be waiting more than 6 months to get your dispute resolved.  Judicial officers are limited in the amount of evidence that they can consider.  They can’t simply call up witnesses, teachers, or counselors and talk to them on the telephone whereas a parenting consultant can.

If you think that your case would benefit from having a parenting consultant, contact our office for a consultation with one of our experienced family law attorneys.  We have drafted many parenting consultant contracts and can assist you in choosing what authority to grant the parenting consultant.  Our attorneys also have the experience necessary to recommend the right parenting consultant for your case.

What to Expect In A Social Early Neutral Evaluation (SENE)

Social Early Neutral Evaluation SENE or Custody and Parenting Time Evaluation CPENE (the name varies depending on which county you are participating in) is a form of evaluative alternative dispute resolution where you are given a neutral opinion of the strengths and weaknesses of your case.  SENE/CPENE is available in many counties throughout Minnesota.  The process is usually commenced at the beginning of a divorce or custody case.  The intent is to get parties talking about settlement of their case at the beginning of the process before people get entrenched in their positions.  However, SENE/CPENE can be effective at reaching a resolution at any point during the case.

The parties participate in the process with their attorneys present.  Two evaluators, a male and female are selected or assigned (depending on which county you are participating in) to the case.  You should plan to spend at least three hours at the SENE/CPENE.  The process begins with the evaluators explaining the confidentiality requirements and the way that the evaluation will be conducted.  The person who is the Petitioner in the court action will begin by telling the evaluators what they are seeking for custody and parenting time and why they believe their proposal is in the best interests of the children.  The evaluators and the Petitioner’s attorney may ask the Petitioner questions through out their presentation, but the Respondent’s attorney is not permitted to ask any questions of the Petitioner.  Following the Petitioner’s presentation, the Respondent is asked to tell the evaluator what they are seeking for custody and parenting time.  The challenge for the Respondent is to not be tempted to simply respond to the Petitioner’s presentation.  Again, the Respondent’s attorney and the evaluators will be allowed to ask the Respondent questions.  Next the evaluators allow each side one turn at rebuttal.

After all presentations are made to the evaluators, they will leave the room and discuss their impressions of the case.  This usually takes 15 to 20 minutes.  The evaluators then reconvene the session and give you feedback regarding what they think the likely outcome of the case will be.  At this point you can ask the evaluators questions about their recommendations and get any necessary clarification.

Following the receipt of the recommendations, you will then have the opportunity to discuss with your attorney privately your thoughts about what has been recommended.  You have three options at this point.  You can agree with the recommendations.  You can agree with some of the recommendations and propose changes to some portions.  Finally, you can disagree completely and walk away from the discussions.

After you have spoken with your attorney you again reconvene with the group and discuss each parties position regarding the recommendations.  At this point, usually you begin negotiating the terms of the settlement agreement.  Sometimes there will be a full agreement on all issues.  Other times, there may simply be a temporary agreement or a partial agreement.

Having a skilled attorney represent you through the SENE/CPENE process is crucial.  Our attorneys have represented numerous clients throughout the SENE/CPENE process.  They know how the process works and how to effectively prepare you and represent you through the process.  Call our office for a family law consultation today.

Responsibilities of a Guardian Ad Litem

Sometimes there are more parties in a Minnesota child custody case than just the mother and the father. Sometimes the court will appoint a Guardian Ad Litem (GAL) to represent the interests of the child and advise the court with respect to custody and parenting time.  Sometimes this appointment is mandatory, such as in cases where the court has reason to believe the child is a victim of domestic abuse or neglect, and sometimes this appointment is only permissive, meaning the court can, but does not have to, appoint a GAL.  Due to budget constraints, permissive appointments are becoming less available.  Obviously, some counties have more resources available than others.

Pursuant to Minnesota statute §518.165, subd.2a, when a GAL is appointed to a Minnesota family law case, the GAL has the following responsibilities:

1)  to conduct an independent investigation to determine the facts relevant to the situation of the child and the family; this investigation must include:

  • reviewing relevant documents;
  • meeting with and observing the child in the home setting and considering the child’s wishes, as appropriate; and
  • interviewing parents, caregivers, and others with knowledge relevant to the case.

2)  to advocate for the child’s best interests and for appropriate community services;

3)  to maintain confidentiality of information;

4)  to monitor the child’s best interests throughout the proceedings; and

5)  to present written reports on the child’s best interests.

The information gathered and presented to the court by the GAL is very persuasive.  The court is likely to order something substantially the same or similar to the recommendations of the guardian. To discuss whether appointment of a Guardian Ad Litem might be appropriate in your case, our Minnesota family lawyers can offer you a consultation.

Joint Legal Custody and School Choice

What happens when you have joint legal custody and you disagree with your ex about where your child(ren) should attend school?  Legal custody is the right to determine the child(ren)’s upbringing including education.  Having joint legal custody means that the parties have equal rights and responsibilities to participate in the major decision making regarding the child(ren)’s education.  If you have joint legal custody this means that any changes regarding a child(ren)’s schooling need to be agreed upon by both parties.

Often disputes arise when it is time to enroll a child in Kindergarten or when one parent moves and neither party resides within the school district that the child(ren) were attending.  If both parents are unable to agree, then a motion must be filed in District Court to have a judicial officer make the decision.

The Court of Appeals has held that, in Minnesota, the District Court is to consider the best interests of the child found in Minnesota Statute §518.17.  Since these factors pertain mostly to custody determinations, the District Court is also permitted to consider other factors that they deem relevant.  The District Court cannot simply chose the school choice of the parent with sole physical custody without making a determination that it is in the best interest of the child.  In the situation where one parent has sole physical custody, the sole physical custodian does not have the power to unilaterally decide where the child(ren) should attend school.  The Minnesota child custody attorney’s at Wolf, Rohr, Gemberling and Allen P.A. will help you gather the necessary and relevant information to assist the District Court in making the appropriate decision for your child(ren).

Our family law attorneys at Wolf, Rohr, Gemberling and Allen P.A. are experienced in litigating issues of school choice in District Court and appealing school choice decisions to the Minnesota Court of Appeals.  If you are experiencing a school choice disagreement, call our office for a consultation.

How to Share Parenting Time After a Divorce

Deciding how you will share your child’s time between parents is one of the first things most parents think about after a divorce is contemplated. It seems like a simple enough question but there really is a lot to consider. Start by considering your child’s needs and use that to help guide your decisions. Next review the questions below with the other parent to help you better plan  your parenting time schedule.

  • Where will your child live and go to school?
  • Is this the home he/she will continue to have as her primary residence?
  • What is the time breakdown for your child and each parent?
  • What schedule works best for your child?
  • What schedule works best for each parent?
  • Where will each parent live/What if the other parent lives in a different geographical location?
  • Who will be providing the transportation?
  • Where will your child spend vacations, holidays, and special events?
  • What holidays will your child celebrate?
  • Do you want your child to participate in certain cultural events?
  • How will your child’s time off from school be spent?
  • In what way and how far in advance will you communicate with the other parent about special events or vacations?
  • Who will be the physician?

There is a lot to consider when deciding how to allocate time between parents. But, if you discuss these items in advance, and have a plan going in, it could save you a huge headache down the road.

This divorce and parenting legal advice was brought to you by our MN Family Law Lawyers .

What is a Parenting Plan?

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 incorporated into your decree and addresses the agreed approach the parents will take while raising their children even though they live separately.  Parenting plans were created in hopes of reducing conflict between parents.  It often addresses fine details the parents agree on rather than just a schedule.  For example it can outline:

  • Procedures to follow when a child is ill or injured;
  • Restrictions on where parents may live;
  • Bedtimes, homework routines, when children can see R-rated movies, or other rules that create a united front in each home;
  • Procedures for how extra-curricular activities will be chosen;
  • Contact with extended family;
  • Communication methods.

Parenting plans can be as short or as detailed as the parents like.   We can help you draft the Parenting Plan that best fits your family’s needs.

If you would like to talk to one of our Family Law 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.

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”

Parenting Plan Guidelines

No two people are the same, and chances are, you can see this fact distinctly even between your own children. While they have the same parents, it may seem they have nothing else in common.

With so many differences, it’s hard to know where to start when it comes time to determine a parenting plan. If every child is unique, where can you find guidance?
The good news is, while children’s personalities and likes/dislikes differ, children within certain age groups have similar needs. Here, we’ll describe some of these basic needs and general guidelines for fulfilling them.
Children from Birth to 2 1/2 Years
The over-arching need for children within this age group is trust and consistency.
Children need to learn to trust their world and their caregivers. They need their caregivers to consistently respond to their needs.

A first step, of course, is to be sure children’s caregivers (whether it’s a parent, family member, or a childcare provider) are always there for them. It’s important not only to be there consistently but also to be there in a consistent manner. Deal with challenges in a similar manner, feed them in a similar manner, put them to sleep in a similar manner, etc.

Keep a consistent schedule, as well, with the same feeding and sleeping times regardless of where a child is. Be sure children always have something familiar surrounding them (blankets, toys, etc.)

Finally, this age range is when a lot of decisions about your child’s upbringing are made. Be sure both parents clearly agree on how children will be raised to avoid any conflict in their presence.

Children from 2 1/2 to 5 Years
As with younger children, children in this age group require consistent schedules and familiar surroundings.
But, in this age group, children are also becoming more independent. They need chances to learn and explore, and they need to be able to express their feelings.

Children are aware of an established schedule, so changes to it will be more difficult. Gradually introduce change into their lives.

Children are also more able to understand your attitudes and actions at this age, so even more than with younger children, it’s essential to maintain a positive or at least neutral attitude toward the other parent.

Children from 5 to 12 Years
Children’s independence continues to grow in this age group.

Consistency is still important, especially concerning their school and activities, such as sports, lessons, etc. Be sure they are able to maintain the same activities regardless of the parent they’re spending time with.

A major need with children in this age group is clear communication – communication between parents and between parents and their school.

Another important need during this stage is proper role models. Role models at this age include parents, so maintain respectful relationships. Be sure children have consistent opportunities to spend time with their parent of the same gender.

Children from 12 to 18 Years
As children become the most independent in this age group, it will become more difficult to maintain regular contact and schedules when it comes to time with both parents.

Along with this independence also comes more thoughts and questions. Allow children to question decisions, beliefs, and even your break up.

Consistency in how you’ll handle questions from your children and what rules you’ll have for them is important now. Be sure children know rules are consistent between both parents, so they don’t try to pit one parent against the other.
While there are different needs for children of different ages, many of these needs can be addressed with clear communication and consistency. Be sure to think through your parenting rules and plan carefully, and you’ll be on your way to a much easier transition for your children.