Posts Tagged ‘child custody lawyers Minnetonka’

Painful Custody Issues with Special Needs Children

Monday, October 31st, 2011

Generally speaking, parental custody is one of the hot button issues in a divorce. Who gets the children when and how much can be a difficult and painful issue to resolve. When a special needs child is involved the issue seems to become even greater. The reasons for this are relatively simple.

First of all, special need or not, parents love their children. Sometimes as deep and profound as parental love is, its just not always enough when it come to a child with special needs. While it is true that love is important, with special needs children patience, understanding and available time are often the trump card. As a parent of a special needs child seeking divorce, you might be called upon to realistically look beyond your love, swallow hard, and consider what is best for the overall care and future of your child.

Secondly, medical care. On the whole, a special needs child requires more medical care than a typical child. A good insurance plan is important, but that does not take into account the significant time commitment required to take a special needs child back and forth for all their medical appointments. Add to that special therapies and home care and the issue becomes obvious.

Finally, the simple ability to cope with all the unique needs. Special needs children can tax the patience of even the most loving parent. It is a good possibility that your special needs child may never get to the point where they do not need care of some kind. Even if they reach the point of semi-independence, this will only come after years of hard and time consuming work. A parent who realistically examines a divorce involving a special need child and yields greater custody to their spouse, who is better equipped to cope, is not admitting lack of love or care, they are far more often loving their child to the utmost.

It is hard for a parent to admit that someone else can take better care of their children than they can, and that is where contention usually begins. Divorcing parents of a special needs child are called upon to do some deep soul searching, and make certain they are doing what is best for the child and giving them the best quality of life possible.
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Child Custody and Special Needs Children

Saturday, October 15th, 2011

Child custody in divorce cases can be a difficult issue. Even in the best of circumstances it takes patience and energy to decide who will have custody and to what extent they will have that custody. In divorce cases involving special needs children the custody agreements are of even greater importance and require even more patience and understanding.

In custody cases impacting special needs children it is important that attorneys, parents and all other concerned parties clearly understand the child’s needs, condition and disabilities. Prior to discussion of possible custody arrangements all parties should speak with the child(ren) involved. Parents should be interviewed both individually and together. Doctors and health care professionals need to consulted, and specialized educators need to have input as well.

When making decisions about which parent would be best to maintain custody of a special needs child numerous factors must be weighed in order to arrive at the best possible arrangement for the child. It is important to consider the level of communication between the parents, availability of child care resources, medical resources, and the child’s ability or limitations in adjusting to changes in residence, school, community and religion.

In addition to all these factors, time must be a major consideration. Parenting a child with special needs is emotionally demanding and time consuming. Single parents and their legal representatives will need to weigh all of these issues before determining custody.

A Family Lawyer's Wish List

Tuesday, December 15th, 2009

By Emily Matson, Family Law Attorney

The company next door to our firm has a large “wish list” on its door. It got me thinking about what I would wish for not only myself, but for our firm and our clients this holiday.

  • A legal administrative assistant to take care of scheduling, filing, and all that good stuff. A small office must make do with the resources it has, but sometimes I miss the structure of a large firm.

  • More money for the Minnesota courts and a right to counsel (also called “Civil Gideon”) in family law.
  • That every parent going through a divorce attend and learn something from the state-required Parenting After Divorce class.
  • For all my unresolved matters to settle so that no one has to pay for the pain of going through a trial.
  • A trip to Portland, Oregon, to visit friends.
  • A new computer to play World of Warcraft faster!

What’s on your wish list?

IRS Rules that Parents Must Prove Support

Thursday, December 10th, 2009

By Jennifer Moore, Family Law Attorney

A Surprising New Ruling by IRS Regarding Child Support

Recently, the Seattle Times reported that the IRS determined that a single mother of two who worked as a hairdresser could not claim her children as dependents on her tax return, because she could not prove that she provided over 50% of their children’s support. This is a surprising result, since, in this case, it leads to the anomaly that no one can claim these children as dependents.

Tax Law, Child Custody, and Tax Planning

Although I am not a tax lawyer, as a family law attorney, I am often asked to help my clients allocate the dependency exemptions fairly. Parents are able to trade dependency exemptions back and forth quite liberally, regardless of who provides the most support, or who the children live with most of the time. The default is that the parent who has custody most of the time is entitled to the dependency exemption. However, tax planning often dictates that the other parent will get the most use of the dependency exemption. Often, families simply want to divide the tax benefit by alternating the dependency exemptions.

Apparently, however, if the hairdresser’s case is taken as new law, low-income tax payers will need to maintain records as to how much they’ve expended on support for their children. See the IRS Guidelines for more information.

Government Hands in the Marital Pot

Tuesday, November 17th, 2009

By Jennifer Moore, Family Law Attorney

When you owe a debt to the government, they may intervene in your divorce to collect. Consider the case of Walter and Caren Forbes, who were married 27 years. Walter was the former chairman of Cendant Corporation, who was sentenced to 12-1/2 years in prison for the largest financial fraud of the 1990′s. When his wife Caren filed for divorce earlier this year, the federal government intervened in the divorce to collect money owed pursuant to an Order of restitution against Walter. The divorce may result in the receipt of billions of dollars in restitution.

Read more in the full article in the Star Tribune.

Financial Crisis, Divorce, and Your Lawyer

Monday, September 7th, 2009

By Thomas Moore, Office Manager

First of all, my thanks to attorney Steven H Silton, whose article, Counseling Clients in Financial Distress, in the August 2009 issue of Bench & Bar of Minnesota is the inspiration for this blog. Bench & Bar of Minnesota is published by the  Minnesota State Bar Association.

Here’s my personal reaction to what Mr. Silton says in his article. 

The financial crisis, and your personal crisis, is really about what you can do.

The global financial crisis is real and can be a rude awakening to someone who does not pay attention to the economy, or who does and who has, until now, enjoyed prosperity.  In fact, today’s circumstances can be particularly hard on you if you’re used to hard work, success, and success based upon your hard work.  Sometimes it seems that what you’ve done has been for naught.  But, understanding your limits, rethinking your life, and taking a holistic approach to life and work, can help — though nothing can guarantee that your investments, or your marriage, or your social position, or anything else for that matter, will keep on an upward curve.  We are all subject to market forces, nature, and social forces beyond our control.  We have to learn how to learn from failure; and we must learn how to best deal with the psychological and personal aspects of the situation we are in.  

You need experts, carefully selected, to work your way through this.

You should work with professionals, experts, to deal with what you cannot handle on your own.  There is no shame in this.  This could involve an attorney, a financial advisor, a life coach, a realtor, or a therapist.  You have to do your life work and engage others in this work as appropriate.  Getting depressed can be part of this but we have to learn to work through all the aspects of our situation.  To quote Mr. Silton, “Accepting responsibility is one thing, but there is no room for despair in a sinking ship…”  We must focus on how to get through the present crisis and how to build a better future.  Victories in these necessary struggles, instead of avoiding the struggle, are what build confidence and reduce anxiety. 

Stress and strain require you to be careful, ethical, and honorable.

If you are stressed, if those with whom you deal are stressed, you and they are inevitably being pushed in the direction of making distressed, even desperate, decisions.  Someone sinking into apparently hopeless debt and bankruptcy will not always make rational decisions about their finances or about anything else, for that matter.  Many examples could be cited of a party in a divorce who spends what he does not have on his bar tab, his ‘toys,’ and in other ways to avoid thinking about and dealing with what is inevitable.  Be careful in your dealings, guard yourself from those who are not and work at living your life as ethically and as honorably as you can.

Even a Family Lawyer Needs a Break!

Saturday, September 5th, 2009

Even a Family Attorney Needs a Break!

Take the Kids Camping!

 

This is the last unofficial weekend of summer, and the last chance to take a long weekend camping at any of the many Minnesota State Parks      .    I recommend going to some of the ones further outside the Twin Cities than usual.  I spent a long weekend at the beginning of August at  Bear Head Lake     State Park outside Ely, MN,     the wanna-be-hosts of the    2016 Olympics  .)   

This weekend I’m venturing to  

Upper Sioux Agency State Park, where I plan to hike some trails and kayak some waters.  Favorites in the past have included Gooseberry Falls State Park outside of Duluth, and Sibley State Park, outside Wilmar.

 

State Parks are a great destination for families, small and large.  At Bear Head, our neighbors included a large family reunion with people from all over the five state area.  I enjoyed watching uncles teach nieces to fish, and grandpa argue with son over who snored louder.  State Parks have nice sized campsites, some with electricity for RVs, shower facilities, and well-informed staff that can help you make the most of your time out in the wild.

New Court Filing Fees in MN

Monday, August 17th, 2009

New Court Filing Fees in Minnesota 

As of July 1, 2009, new filing fees have gone into effect.  While I knew “they” (The courts in Minnesota) were talking about raising rates, I had no idea by how much.  Wow.  

Court Filing Fees in Hennepin County, MN

Filing for dissolution (divorce) in Hennepin County has gone from $332 to $402.  Filing a motion of any kind such as for child custody or in regard to a trust or estate planning legal matter has gone from $55 to $100.  A complete list of Hennepin County filing fees is available online at the Hennepin County website

 Court Fees in All Minnesota Counties

Filing fees vary by county and by type of matter (Family law, divorce, trust and estate, etc).  Check the State of Minnesota website      for the fee for your particular county and matter. 

 Emily M. Matson, Esq.

emily.matson@moorefamilylawMN.com

Moore Family Law

Plymouth, MN

When You Can’t Afford to Hire Lawyers

Sunday, August 16th, 2009

When You Can’t Afford to Hire Attorneys

 

When You Can’t Afford to Hire Lawyers

Typically family attorneys do their fair share of pro bono work, as do lawyers in other areas of practice.  However, from what we can see, some attorneys can only accept a very small number of pro bono legal cases, which meet their specific income and subject matter requirements.  Chances are, you will have better luck going through one of the other pro bono services for your divorce, child custody case, or other family law matter.   

 Free Legal Advice from a Divorce Lawyer

Every family law litigant should have the right to compensated, competent legal representation in court, regardless of income.  However, in these days of reduced court funding, this may not be an attainable goal.  The Star Tribune in Minneapolis, Minnesota   published an article this week on where to go if your circumstances require you to go into court without an attorney.   Click Here for the link  The article is not exclusively about family law but it does apply to someone seeking divorce attorneys or child custody lawyers as well as other areas of the law in Minnesota

 Hire an Attorney for an Hour or Two

Even if you can’t afford an attorney to represent you in Court, get some legal advice to make sure you are on the right track, even if it means paying for an hour of an attorney’s time to look at your documents.  We hope you find these links useful.

 

Jennifer Moore

Jennifer.Moore@MooreFamilyLawMN.com

Plymouth, Minnesota 

Moore Family Law