Child Custody and Related Matters Archives

Modifying Parenting Time and the Primary Residence Designation

In Minnesota, a custody order must establish a child's physical custody and primary residence. But nowhere in Minnesota's family law statutes is the term "primary residence" defined. The primary residence definition is important because under Minnesota Statute Section 518.175, subd. 5(a), a court shall modify a parenting time order if it would serve the best interests of the child only if the modification would not change the child's primary residence.

In Divorce Decrees, the Devil is in the Details

Reading your divorce decree is not exactly a fun task.  Not only is reviewing the document dissolving your marriage emotionally difficult for many people, the documents are usually full of "legalese" and not always drafted with any eye toward making the document easy to read.  For complex cases, there may be more than one document to read of the parties agreed to "bifurcate" or deal with property issues separate from custody and parenting time, for example.  Complex cases can result in divorce decrees that look like (and weigh as much as) a book when they are done.   

Assisted Reproductive Technology and Divorce: "Custody" Battles Over the Kids You Don't Have (Yet?)

Custody and visitation issues are often the most important and contentious parts of a divorce.  If you and your spouse have embryos in storage at an infertility clinic or other medical facility, the question of who "owns" that stored genetic material may be almost as important as determining the custody of your existing children.

Going Nowhere Fast, Part II: Using Passport Controls to Insure Your Child Stays in the U.S.

In my last entry, I talked about the headaches of getting a U.S. passport for a child under the age of 16.  As big of a hassle as the dual parental consent process may be, there are very good reasons for it, which are the topic of this blog entry.

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