St. Paul Family Law Blog

Child custody decisions are often an integral part of divorce proceedings. In Minnesota, the deciding factor in these cases is ultimately what serves the child's best interests. Of course, parents often have opposing opinions on what is best for their children.

Sometimes, parents and their attorneys are able to agree on acceptable custody terms, but in other cases a judge makes the final decision. Currently, two women are battling in court in Minneapolis over the custody of a child that they used to co-parent.

Under Minnesota law, when divorcing parents cannot agree on a child custody arrangement, the judge makes the final decision. Although custody is often a hotly contested issue, judges do not end up with the last say very often in St. Paul because parents and their family law attorneys are usually able to negotiate acceptable terms on their own.

However, a bill is going to be discussed in the Minnesota House of Representatives this session that could change child custody laws. If passed into law, House File 322 or the Children's Equal and Shared Parenting Act would require that in almost every divorce case involving minor children, each parent would automatically be awarded no less than 45 percent of parenting time.

Paternity is often a factor in cases involving child support, custody, adoption and inheritance. Paternity proceedings are more often utilized for unmarried couples, because when a child is born to a married couple, the legal presumption is that the husband is the child's father.

However, Minnesota readers may be interested in a recent Chicago case in which a married mother had an extramarital affair that resulted in a child. An interesting element of this particular case is that after paternity was established, the court continually ruled that the family can keep it a secret from the child.

Divorcing later in life in Minnesota can pose a detriment to the retirement plans you have worked so hard at all your life. However, while divorcing near the age of retirement can end up being a poor financial move, it does not have to be. Effective family law counsel can help to mitigate the financial trauma of divorce.

Each situation is unique, and thus personal financial and legal counsel is important in order to organize the division of property and the division of assets in such a way that your standard of living will not change dramatically. You may also safeguard your future by employing some of these practical applications to ensure the security of your retirement years. Some of these tips are useful for happily married couples as well: