The Minnesota Court of Appeals recently ruled that a young mother who does not have legal permission to live in the United States will be able to maintain custody of her four-year-old daughter.
Although it remains to be seen whether Minnesota will follow the trend in some other states and loosen laws restricting the use of drugs like marijuana, the issue has raised questions about how a parent's alleged drug use would factor in to a child custody dispute. What might come to some as a surprise is that judges and other experts in child custody cases have said that they would address the question of a parent's drug use with little regard to the legality of the drugs themselves.
In a relatively rare move, the United States Supreme Court will hear a case involving a child custody dispute between an adoptive couple and the child's biological father. The United States Court rarely hears family law cases, so residents of Minnesota, and particularly those interested in adoption, may want to pay careful attention when the High Court makes its ruling in the upcoming months.
A recent report issued by an independent agency suggests that Minnesotans suffering from mental, emotional or physical disabilities may have a more difficult time obtaining or maintaining custody of their children. The report suggests that disabled parents are more likely to lose child custody following a divorce and that they may also find adopting a child more difficult.
Many people in the Twin Cities have heard by now that a college-aged daughter of a write-in candidate for the Minnesota House of Representatives has recently claimed that her father abandoned her. The candidate, currently an assistant fire chief in Duluth and president of the local firefighters' union, confirms that he has not seen his daughter since she was 2, but he does not agree he abandoned her.
Emotions recently ran high both inside and outside a courtroom in Fergus Falls, a Minnesota town northwest of the Twin Cities. A child's paternal grandparents and her maternal grandmother each tried to convince the judge that they ought to have custody of their two-year-old granddaughter. When the child was still an infant, her teenage parents died in a murder-suicide.
It has been well-reported that Tom Cruise and Katie Holmes recently settled their divorce in seemingly lightning fast speed. Although the power couple reportedly had a prenuptial agreement, they also have a young daughter together, and presumably very complicated assets. So, how did they reach such a swift agreement, and is that possible to do with your St. Paul child custody dispute?
Divorced parents in St. Paul may find that it is not very simple to pack up and leave Minnesota, or even to move to another area of the state. There are many child custody issues that come into play when a divorced parent decides, for whatever reason, that he or she would like to relocate.
Throughout the spring in our St. Paul Family Law Blog, we discussed a child custody bill that was making its way through the Minnesota Legislature. The bill would have expanded each parent's minimum parenting time to 35 percent, except in cases of domestic or drug abuse. As we know, Gov. Mark Dayton ultimately vetoed the bill because of uncertainty of how it would affect outcomes in family law court.
Our St. Paul Family Law Blog has followed a bill through the state legislature that would have given divorced parents in Minnesota more presumed child custody rights. Last week, Gov. Mark Dayton vetoed that bill that would have increased the minimum amount of time a parent can automatically spend with his or her child after divorce.