Child in Need of Protection or Services (“CHIPS”) cases involve the county’s social services office becoming involved in family matters where allegations exist related to juvenile delinquency, truancy, child neglect or child abuse. If your family becomes involved in an involuntary CHIPS proceeding, it is important to know what to expect during the lengthy, and overwhelming process. Retaining the services of an experienced CHIPS attorney is the best way to ensure that your rights are protected each step of the way.

In Minnesota, once an individual reaches the age of 18, he or she is considered a legal adult and is legally able to own and manage property. Most adults have full rights and responsibilities, and are legally entitled to manage and make decisions concerning their property, assets, or finances. However, there may become a time when a previously competent adult lacks the capacity to make decisions for themselves and is no longer able to manage their property or estate.

In Minnesota, once an individual reaches the age of 18, he or she is considered a legal adult and his or her own guardian. Most adults have full rights and responsibilities, and are legally entitled to make decisions concerning their own health, safety, and welfare. However, there may become a time when a previously competent and healthy adult lacks the capacity to make decisions for themselves. 

The divorce process in Minnesota can be long, stressful, expensive, and tiring. During the divorce process, numerous issues are likely to arise, such as custody, parenting time, spousal maintenance, child support, and property division. Minnesota family law has a well-developed set of caselaw that analyzes these issues, and provides guidance and direction to judges in determining relief in these matters. This is crucial, as most of these issues are left to the ultimate discretion of the judge. With each of these issues comes a set of statutes and deadlines which must be followed to ensure that the divorce process proceeds as smoothly as possible. It is important to retain the services of a Minnesota divorce attorney to ensure that the relevant procedures are followed, and that you get the outcome you are seeking. This article will provide an overview of the Minnesota divorce process, and will highlight the many issues that might arise along the way.

There are two types of property in Minnesota—marital property and nonmarital property. In a divorce, all marital property is to be divided and distributed equitably between the parties. Conversely, all nonmarital property is typically awarded to its owner, and is generally not considered in the overall property distribution (unless it would cause unfair hardship not to do so).

Spousal maintenance determinations in Minnesota are often highly unpredictable. Understandably, after a divorce, potential obligors do not like the idea of having to provide continued financial support to their former spouse. However, potential recipients of spousal maintenance fear the significant financial changes that may result from the divorce.

If you have an upcoming court trial or evidentiary hearing, you will give information (called “evidence”) to a judge or jury who will decide the outcome of your case. This evidence may include information you or someone else tells the court (“testimony”), as well as items like emails, text messages, documents, photos, and objects (“exhibits”). Because there are very specific rules that must be followed in presenting your evidence, it is crucial that you seek the help of an attorney to ensure that your evidence is presented in a proper way. Although the rules regarding evidence can be confusing, they are designed to protect your rights, and are implemented to ensure that the court makes decisions based on good information, rather than on gossip or guesswork. This article will discuss the most important rules pertaining to the presentation of evidence, and will provide you with an insight into the evidence you may present at your upcoming Minnesota court trial.

n Minnesota, parents have a duty to provide financial support for their minor children. While a couple is married, they typically meet this duty by supporting their joint-minor children as a married couple. However, in a divorce decree, legal separation, or annulment, the court must include an order which properly sets the child support amount that each party must pay. Child support is broken down into three categories—(1) basic child support; (2) medical support; and (3) childcare support. The combined total support obligations in these three categories make up the obligor’s net child support obligation. Additionally, Minnesota uses an income shares method to calculate child support, where the gross income of both parents is also considered.

Unlike some family law matters, such as divorce, child support, domestic violence, and child custody proceedings, adoption proceedings can be an exciting and rewarding time for everyone involved. While an adoption can be an exciting experience, it can also be a complicated process that can feel overwhelming or confusing at times. This article discusses the adoption process, and many of the common issues that may arise along the way.

Domestic abuse is a serious issue in Minnesota. A number of court actions may stem from the actions of an abuser. These include divorce proceedings, Child in Need of Protection or Services (CHIPS) proceedings, a petition for an order for protection (OFP), and criminal charges being brought. The interplay among these cases can have serious family law consequences in terms of custody and parenting time. It is important to recognize and understand how domestic abuse charges or allegations can affect your family law case.

Prior to 2000, the United States Supreme Court repeatedly held that parents have a fundamental right to direct the upbringing and education of their children. Parents were assumed to act in the best interests of their children, unless they were proven to be unfit. However, in Troxel v. Granville, the Court opened the door for individual states to apply their own rules to parental rights. 

While Minnesota does not have a state statute that explicitly defines and protects parental rights as fundamental rights, Minnesota courts have long recognized the substantial and fundamental right of natural parents to enjoy the custody of their child. Nevertheless, if “grave and weighty reasons” are present, courts will often terminate an individual’s parental rights—if, of course, it is in the best interests of the child(ren) involved.

During a separation or divorce, it is important to consider certain issues that may affect your child(ren). While it is preferred that parents come to a mutual agreement on child custody, a court will determine custody if an agreement cannot be reached. Being prepared to address any custody concerns at your first hearing is the first step to obtaining a favorable result. 

In Minnesota, there are two types of child custody. “Legal custody” is the right to make decisions regarding how a child is raised—such as education, health care, or religion decisions. “Physical custody” is the right to make decisions about routine day-to-day activities of a child (including where the child lives). Depending on the circumstances, parents may either have joint (shared) custody, or one of them may be awarded sole custody. Whenever a Minnesota family court judge makes a custody determination, he or she must focus on one overarching principle—whether the decision will be in the “best interests” of the child.