Yes. A parenting plan in an Order for Protection will take precedence over an order in a family law file. A determination that domestic abuse has occurred in an Order for Protection hearing will have a significant impact on a subsequent custody proceeding. Minnesota Statutes provide that if domestic abuse has occurred the court is to presume that joint custody is not in the best interests of the child. It is very important that parties distance themselves from any situation that could result in physical harm or an imminent threat of physical harm either to a self, their spouse, or the minor children. Getting the counsel of an experienced family law attorney before the level of frustration hits a boiling point is essential to parties developing a reasonable parenting plan and separation. If you feel tempers flaring and you are unsure of your rights in a divorce, please contact the experienced attorney's at Mundahl law for a free ½ hour informational consultation.
Some grandparents do have visitation rights to their grandchildren, specifically when a parent is deceased or the child has lived with them for a period of 12 months or more. However, grandparents may still be granted reasonable visitation after a proceeding for dissolution, custody, legal separation, annulment, or parentage has been commenced. The standard used by the Court is whether the visitation would be in the best interests of the minor child and that the visitation would not interfere with the parent-child relationship. Rather than wonder if you would be granted visitation, simply schedule an appointment for a one hour reduced rate consultation regarding your situation.
A spouse may not legally change the locks on the home without the permission of the other party or unless they have a court order. We focus on a collaborative process to solve many legal issues, but we understand that some situations require forceful litigation. We are both experienced in the courtroom and stand ready to fight for your rights so that you receive the best possible outcome. Contact us to schedule a consultation with a Maple Grove, MN divorce attorney.
That depends. Generally, the courts do recognize that parties may need a cooling off period and that one party may leave the home temporarily in order to keep the peace. The best practice is to schedule your move out by having a Minnesota family law attorney draw up a stipulation regarding temporary custody and parenting time. This will ensure an orderly transition for the minor children. Schedule a free half hour consultation with our Wright County child custody attorneys to understand your rights. Call us at 763-445-2620 to schedule a consultation.
Legally the Courts will decide who will ultimately have the exclusive use and possession of the homestead. However, if you move out prior to there being a stipulation or temporary order in place, you may find it difficult to get back in the home without a court order. You should also plan to take all important items with you when you leave because it is harder to get property back when it has been left behind in the homestead. While you cannot dissipate marital assets, you can remove items to a safe place for ultimate distribution at the end of your divorce. If an item is too big to move you should take pictures (with a date on the picture) to ensure that the property remains in the same condition as when you left. To understand your rights schedule a consultation with a Wright County, MN divorce attorney at 763-445-2620.