Johnson Bigelbach Law, PLLCSt Paul Family Law & Custody Lawyer | Child Support Ramsey County2024-02-22T18:35:12Zhttps://www.johnsonfamilylawmn.com/feed/atom/WordPress/wp-content/uploads/sites/1401426/2020/11/cropped-favicon-johnson-bigelbach-32x32.jpgOn Behalf of Johnson Bigelbach Law, PLLChttps://www.johnsonfamilylawmn.com/?p=472582024-02-22T18:35:12Z2024-02-22T18:35:12ZProximity
One of the primary considerations in determining school location within a parenting plan is proximity. Opting for a school close to both parents' residences minimizes disruption to the child's routine. It also allows for easier transitions between households. This proximity makes regular involvement of both parents in the child's academic life easier. Parents are more likely to be able to attend parent-teacher conferences, school events and extracurricular activities.
Transportation
Selecting a school equidistant from both residences or along a convenient commuting route can alleviate logistical challenges. Coordinating transportation arrangements ensures that the child can attend school consistently without placing undue burden on one parent.
Educational quality
Parents must prioritize the educational quality of the chosen school. Minnesota offers a diverse range of educational institutions, including public, private and charter schools, each with its unique strengths and resources. For example, about 33,000 students attend Saint Paul public schools and speak more than 114 languages. Parents should collaborate to select a school that aligns with the child's academic needs and aspirations.
Special circumstances
Some children have unique educational requirements, such as specialized programs or services. Parents must work together to find a suitable school that can accommodate those needs. This may involve conducting thorough research, consulting with educators and specialists and advocating for the child's best interests.
Collaborative decision-making regarding school location underscores a commitment to fostering positive growth in the child's life.]]>On Behalf of Johnson Bigelbach Law, PLLChttps://www.johnsonfamilylawmn.com/?p=472562024-01-30T20:26:49Z2024-01-30T20:26:49Z1. The possibility of one parent relocating
On average, people change jobs about every four years. If you share physical custody, it is a good idea to address how far you and your spouse can live from each other and keep the same arrangement. Doing so is key if one of you has a job that may require relocation or expects to change careers soon.
A specific mileage limitation usually works better than generic wording. You can decide what the impacts of one parent moving outside the predefined radius will be. This detail is important because it can affect where a child attends school, as well as pick-up and drop-off responsibilities. You can also put in the agreement how far in advance one parent must notify the other about such a move.
2. Visits of overnight guests
A sensitive area can involve how parents use the home and who stays overnight. You may worry about a nonrelative adult or even another child staying in the co-parent's home without adequate supervision. As a result, it can be wise to outline guidelines for when significant others or their kids can spend the night.
Similar considerations can apply to using the home or portions of it for short-term rentals. Detailing and agreeing to expectations can prevent an uncomfortable situation.
3. The right of first refusal
Making sure you dedicate enough time with the kids is challenging. Missed opportunities can be particularly frustrating. For example, one parent might get called away during normal custody hours, which requires them to find a sitter or caregiver.
The parenting agreement can include stipulations that require parents to contact each other first about providing such care instead of hiring someone else or leaving the child with a member of the extended family. Defining how stepparents or other family members factor into such plans can also clear up confusion.
Even when you create a solid custody agreement, new circumstances can require a modification. However, when you start with practical arrangements that address vital issues, you can make things easier for the entire family.]]>On Behalf of Johnson Bigelbach Law, PLLChttps://www.johnsonfamilylawmn.com/?p=472542023-12-04T19:40:10Z2023-12-04T19:40:10ZChanges in finances
A modification of child support is common due to a significant change in the financial situation of either parent. If a parent experiences a substantial increase or decrease in income, it may impact their ability to meet the financial obligations outlined in the support agreement. In such cases, seeking a modification can help ensure that support arrangements are fair and realistic given the current financial landscape.
Changes in health
Health issues for a parent or child can also prompt the need for modification. If a parent faces a health crisis or a child's medical needs evolve, adjustments to support or custody agreements may be necessary to allow for proper care or the security of those involved.
Changes in location
If a parent needs to move due to job opportunities or personal reasons, it may require adjustments to the existing custody agreement to accommodate the new living arrangements. Courts generally consider the impact of relocation on the child and strive to maintain consistency in their living environment.
Unforeseen life events, such as the remarriage of a parent or changes in a child's educational requirements, can also prompt a reevaluation of custody and support agreements. The bottom line is that changes happen and the agreements should create an environment that fosters the child's well-being and development.]]>On Behalf of Johnson Bigelbach Law, PLLChttps://www.johnsonfamilylawmn.com/?p=472522023-11-15T20:10:34Z2023-11-15T20:10:34ZOpen lines of communication
The marriage-to-divorce ratio in 2022 was 2.34 marriages per divorce. Clear and open communication is a missing component in many marriages, resulting in divorce, but it is also the cornerstone of successful co-parenting. You need to keep each other informed about important events in your child's life, such as school activities, medical appointments and extracurricular activities. Use emails, texts or shared calendars to keep you and your former spouse up to date.
Create a consistent schedule
Establish a regular schedule for visitation and stick to it. Predictability provides stability for your children. It helps them feel secure and supported in both households.
Be flexible and cooperative
While a schedule is important, flexibility is equally important. Life is unpredictable and unexpected events may arise. Be willing to adapt and cooperate with your former spouse to find solutions that prioritize your child's needs.
Respect each other's rules
Each household may have different rules and routines. Respect these differences and avoid undermining the other parent's authority. Consistency in rules, as much as possible, helps create a seamless transition for your child between homes.
Keep conflict away from the children
Disagreements are inevitable but keep these conflicts away from your children. Never involve them in adult disagreements or use them as messengers. Shielding your children from parental conflicts is important for their emotional well-being.
Your children and their needs should always be your priority. Focus on what is in their best interest to create a successful co-parenting strategy.]]>On Behalf of Johnson Bigelbach Law, PLLChttps://www.johnsonfamilylawmn.com/?p=472502023-09-28T23:30:17Z2023-09-29T23:30:11ZOrder of Protection
An Order of Protection is specifically designed for cases involving domestic abuse. If you or someone you know is facing threats, physical harm or any form of abuse from a family or household member, an Order of Protection can help. This order commands the abuser to stop the harmful actions and can also prevent them from entering your home or place of work.
To obtain an Order of Protection, you need to file a petition detailing the abuse with the court. Once you've filed, the court will assess the situation. In urgent cases, the court may grant an immediate, temporary order even before notifying the alleged abuser. A hearing date is then set where both parties can present their sides, after which the court can issue a long-term order that can last for up to two years.
Restraining Order
On the other hand, a Restraining Order, also known as a Harassment Restraining Order, addresses situations outside of familial or household relationships. If someone is stalking you, threatening you or repeatedly acting in ways that cause you fear or significant distress, you might seek a Restraining Order against them.
The process involves filing a petition with the court detailing the harassment. The court then determines if the described actions qualify as harassment under Minnesota law. If they do, the court can issue a temporary restraining order. A hearing usually follows, where both parties can share their accounts, leading to a decision on a more extended restraining order. If the judge deems it necessary, they can issue a restraining order for life.
If you feel that you need an extra layer of protection, it is important to identify which order suits your situation best to ensure your safety and well-being. Always prioritize your safety and know that the legal system provides tools to help you.]]>On Behalf of Johnson Bigelbach Law, PLLChttps://www.johnsonfamilylawmn.com/?p=472482023-08-15T01:20:37Z2023-08-15T01:20:37Z1. Prying eyes from the outside
In many cases, a wealthy couple has long established itself in the community one way or another. Whether a philanthropist, business leader or chair of a nonprofit, it comes with added publicity. While that extra attention may help with a good cause or business, it may undermine a divorce by making it difficult to keep the details private.
2. Identifying asset type
While high-asset couples typically have their finances in good order, determining the asset type and its true value can get challenging. In many instances, a couple may have separate and marital property. Any property owned prior to the marriage that has remained solely owned gets considered separate, even if the couple has equally used the property. The co-mingling of property makes it more difficult to identify assets correctly to ensure equitable distribution.
3. Hiding or wasting assets
A high-asset divorce increases the chances of one spouse trying to hide assets or wasting them. In some instances, this can result in a significant reduction of marital assets. As an equitable distribution state, Minnesota judges look at all the assets presented as a whole to determine a just and equitable settlement. When one spouse uses underhanded measures, it leaves the other one faced with receiving less than they should.
For couples with high assets divorcing, it remains imperative to not overlook any financial details to ensure the best outcome.]]>On Behalf of Johnson Bigelbach Law, PLLChttps://www.johnsonfamilylawmn.com/?p=472462023-07-27T02:03:19Z2023-08-01T02:02:30ZChild endangerment
The State of Minnesota takes a child's emotional, mental and physical help very seriously. If you or your ex-spouse endangers a child, it is grounds for modification. They will grant a modification if it is in the best interest of the child or children. This is part of the "endangerment standard."
Change in circumstance
Another reason for modifying your parenting plan or custody arraignment is a substantial change in circumstances. For instance, if a custodial parent loses their employment or place to live, a modification may happen to provide for the child.
The best interest of the child or children
If the modification does not change the child's permanent residence and is in the child's best interest, the court might grant the modification. The key here is the best interest of the child. Courts call this the "best interest standard."
The benefits outweigh the detriments
One of the other reasons for modification is that the benefits to a child outweigh the detriments. A few of the factors the courts take into consideration are:
Availability of good schools
Ages of the children
Extracurricular activities
Distance between the two parties
Sometimes, the child's wishes are part of the modification process.
Regardless of the reasons for the modification, the courts will look at the whole picture before deciding if a modification is necessary.]]>On Behalf of Johnson Bigelbach Law, PLLChttps://www.johnsonfamilylawmn.com/?p=472442023-06-06T00:51:06Z2023-06-06T00:51:06ZChild custody orders
There are several reasons why you might want to change your child custody orders. For one, a move may require a change in the parenting schedule to accommodate the new location. You also might think that your child is in physical and emotional danger, which can be grounds for changing a child custody order. Lastly, if the court deems your child old and mature enough to make clear decisions, you may be able to make adjustments based on your child's wishes.
Child support orders
If there has been a significant change in income for either parent, child support orders may have to change. For example, if you lose your job or experience a reduction in income, you may be unable to continue paying the same amount of child support. On the other hand, if your ex experiences a significant increase in income, they may no longer require the same level of financial support.
When making changes to anything involving child care, remember that your child's best interest is most important. Try to put any negative feelings aside and focus on finding a workable solution.]]>On Behalf of Johnson Bigelbach Law, PLLChttps://www.johnsonfamilylawmn.com/?p=472422023-05-23T02:54:50Z2023-05-23T02:54:50ZEmotional readiness
Before initiating a divorce, one needs to ensure emotional readiness. Divorce can be a tumultuous period filled with a range of emotions, including sadness, anger, fear and sometimes relief. It helps to seek support from trusted friends, family or a professional counselor to navigate these emotions and reach a place of acceptance.
Gathering necessary documents
The divorce process requires a plethora of documents. These include financial records like bank statements, credit card statements, tax returns and property deeds. It is essential to gather all these documents beforehand. They provide a clear picture of marital assets and debts, which is important in determining financial settlements.
Understanding finances
Understanding the financial landscape is another big step. An individual should have a clear understanding of income, expenses, assets and debts. This understanding will help one to plan for the financial changes that divorce will bring.
Establishing individual credit
If you do not have credit in your own name, it is beneficial to establish it before filing for divorce. It can help to open a bank account and credit card in your own name. This step is essential as it can be more challenging to get credit after the divorce process begins.
Consideration for children
When involving children, their well-being should be a top priority. It is essential to think about future living arrangements and consider how to discuss the situation with them in an age-appropriate manner.
Taking these steps can aid in navigating the divorce process more smoothly, reducing stress and setting the stage for a more positive future.]]>On Behalf of Johnson Bigelbach Law, PLLChttps://www.johnsonfamilylawmn.com/?p=472132023-04-03T20:58:12Z2023-04-03T20:58:12Zcustody laws for children of divorced or separated parents. This is what you should know.
Types of custody
Minnesota law distinguishes between physical and legal custody, where physical custody determines where the children live and legal custody determines who has the authority to make healthcare, education and religious decisions for the children.
Joint custody
Joint custody means that you share these responsibilities. Joint physical custody does not require that you and your former spouse have equal time with your children, but it does require a schedule. Joint legal custody requires that you and your ex agree on major decisions for your children.
Custody determination
Minnesota judges weigh the best interests of the children when they make custody decisions. They understand that your children will benefit best from time with you and your former spouse, and they will try to maximize this time. However, they will evaluate the conflict between you two before making these decisions because conflict can harm children’s mental and emotional health.
Judges seek to determine who can meet all your children’s needs by reviewing your histories and willingness to care for them. They also evaluate how changing schools, neighborhoods and communities may impact your children. Judges also look for substance abuse challenges, neglect and physical, mental and emotional abuse histories.
The family court judge will ultimately create a custody order with a parenting plan that details your time with your children, including who your children live with and transportation solutions.
To get the best result in your custody case, prepare your evidence and work with your former spouse to create a mutually beneficial parenting plan.]]>