Wednesday, December 31, 2014

Paternity and the Recognition of Parentage

Recognition of Parentage
The Recognition of Parentage (ROP) is a legal document that can be signed and filed with the Minnesota Public Health Department to establish paternity when a child is born to unwed parents. The document is presented to the parents, to fill out, at the hospital and is signed by both parents.  By signing and filing the ROP paternity is established, and the filing the ROP makes establishing paternity through the court unnecessary.  The average time frame for paternity to be established through the court is several months. However, paternity can be established as soon as the Recognition of Parentage is filed with the Minnesota Public Health Department.

A Recognition of Parentage does establish paternity, but there are a few things that it does not do.  It is does not establish parenting time or set a child support.  To have parenting time established, if the child’s parents disagree, a court order must be issued by the court.

While filing a properly executed Recognition of Parentage is a faster process than obtaining a paternity judgment, there are some things to consider prior to signing and filing the Recognition of Parentage. 

- The Recognition of Parentage does not require a genetic test. 

- Once the Recognition of Parentage is signed and filed with the Minnesota Public Health Department, both parents give up the right for genetic testing to be done. 

- If there is any doubt as to whom the child’s father is, a genetic test should be obtained prior to signing the Recognition of Parentage. 

Wednesday, December 3, 2014

Co Parenting: Let's talk about it


When People Parent Together: Let's Talk About Coparenting1

James McHale, Jason Baker, and Heidi Liss Radunovich2

What IS "coparenting"?

Coparenting refers to how parents work together when they are raising a child. Do they agree on parenting strategies? Do they support each others' efforts in raising the child?
Coparenting can refer to how a married couple works together in parenting children, but it can also refer to divorced parents, people who have a child together but never married, or any two or more people who are working together to raise a child. For example, in some families, a single mom and her mother or parents are working together to raise a child. Every family system is different, but coparenting refers to how the people parenting a child work together.

Do children have an impact on the coparenting relationship?

Yes, children's personalities and behavior play an important role in how adults coparent them! Every child in a family has unique charms and presents unique challenges, and caregivers usually respond to each child a little differently. Research has found that the level of support or disagreement between coparents can be influenced by the baby's temperament, even during the earliest months of a baby's life. Studies have also shown that babies as young as 3-4 months old already show behaviors, such as eye gaze patterns, that can influence how their parents respond to them and to each other.

Why is coparenting important?

In over a dozen studies, problems with coparenting during the infant, toddler, preschool, and elementary school years have been related to a wide variety of child problems, including problems with social adaptation, poorer preschool and school achievement, anxiety, and aggressiveness. Moreover, well-coordinated coparenting during the child's first year of life has been found to predict better child adjustment in later years, while distressed coparenting predicts later child problems.
The importance of developing a good coparenting alliance when children are still infants is doubly important when we take into consideration new research on brain development. Studies have found that the limbic system, the part of the brain that affects experience and regulation of emotions, undergoes its most dramatic growth and development during the baby's first year of life! Parents who find ways to work well together are more likely to succeed in helping babies learn predictable rhythms, regulate strong emotions, and reduce periods of prolonged distress. In these ways, cooperative coparenting relationships can play a significant role in supporting healthy infant and toddler development.

Is coparenting different from the marital relationship?

Absolutely! First of all, not all people who are married even have children, so the marital relationship is definitely different from the coparenting relationship. Second, the people who raise children together are not always married, and in many cases they are related in a very different way (e.g., a mom and an aunt, or a dad and his mother). This means that you can be in a coparenting relationship with someone even if that person isn't the child's biological parent. Finally, while having a good marital relationship is certainly desirable, it does not guarantee a good coparenting alliance. In fact, it is possible to have a wonderful marriage, but have difficulty doing an effective job of coparenting. The opposite is also true: some people who are divorced or who never married can do a wonderful job of coparenting their children.

Is coparenting the same as "parent involvement"?

No. The degree of involvement parents have in the lives of their children is certainly important. However, what is just as important, if not more important, is how well the coparents coordinate with one another. Here are some questions to ask yourself about your coparenting relationship:
  • Do you and your child's other parent or caregiver work to communicate jointly agreed-upon rules and standards to the child?
  • Does either of you badmouth, undermine and/or put down your child's other parent or caregivers?
  • Are you and your child's other parent, whether you live together or apart, generally on the same page regarding your expectations, values, and goals for the child?
  • Are you able to identify, talk about, and compromise on areas in which you differ? Or are you unable or unwilling to discuss your differences?
  • When you cannot agree, do you each simply parent as you believe best, even if doing so provides an inconsistent, confusing, and/or disruptive environment for the child?
While issues of coordination and cooperation might seem to be most important when both parents are actively involved in children's day-to-day lives, cooperation and support are every bit as important in families where one parent is doing most of the active parenting. For example, in some families, life circumstances prevent one parent from being as involved as one or both parents would wish. However, if both parents make the effort to communicate, work together, and actively support one another's parenting, children will profit and reap the benefits.

Does good coparenting mean that parents must think or act exactly alike, or that they never disagree?

Of course not. All parents are different, and children delight in the differences in how different caregivers hold, stimulate, play with, soothe, and engage with them. Further, good coparenting does not require that parents always see eye-to-eye; conflict is a natural part of coparenting, and having differences in opinion is what promotes development. The important thing is how parents work together to negotiate and resolve their differences. Good coparenting requires that parents communicate regularly (daily whenever possible, and certainly at least weekly), about the ups and downs of parenting the child(ren). More importantly, it requires that each parent work hard to see the other's point of view, and to understand what their partner is trying to accomplish in rearing the child.
Most parenting behavior comes from a good place: parents love their children and want what is best for them. Often, though, parents value different sets of skills. For example, one parent may want the child to be a good rule-follower, to learn to conform, and to be aware of the rights of others. The other parent may want most dearly for the child to be a free spirit, a questioner, and an individual who leaves no stone unturned in their quest for the meaning and promise of life. Good coparenting often requires compromises between parents so that they can promote these different types of traits.
A strong coparenting alliance is most likely to develop if each parent finds a way to value what the other parent does well. In fact, combining the different strengths and gifts of each parent and collaborating will truly benefit the child.

What happens if there is not a good coparenting relationship?

If parents are not able to talk about their differences and concerns regarding parenting, or if they cannot come to a resolution about coparenting disagreements, then one of two things typically occurs:
1. Each parent simply continues to parent how they see fit, regardless of whether their rules and expectations violate what their partner is trying to do, or
2. One parent throws in the towel and withdraws from active coparenting, becoming more detached and/or leaving most of the decision-making, disciplining, and follow-through to the other parent.
In both of these circumstances, the child loses out. In the first case, the child is faced with inconsistent messages and active conflict, which can lead to feelings of uncertainty, instability, and worry—and often to behavior problems at home and school. In the second case, the child loses out on an important advocate and contributor. Every parent makes mistakes sometimes, which is why having a second adult at the ready is so important. Sometimes, if the family situation worsens, the second parent's emotional withdrawal is just the first step in the parent's eventual departure from the household, depriving the child of the regular presence of a second parent altogether.

When is it important to start thinking about the coparenting relationship?

Although the coparenting relationship doesn't officially begin until the birth of a child, it is important to plan ahead. Research suggests that the way parents think about their future coparenting relationship before having children predicts their success in developing a strong coparenting alliance during the baby's early months. This influence can still be seen years later! There is also evidence that the way people coparent in the early years paves the way for how they will coparent over time. So, coparenting habits developed early on tend to last. This means that it is a good idea to try to do a good job with coparenting right from the start.

How do we know if coparenting disputes are something to worry about?

Although it is normal for parents and caregivers to have differences of opinion, you can assess the strengths and difficulties in your own coparenting relationship(s) by asking yourself questions, such as:
  • Do I find myself unhappy with how the other parent is handling my child, but feel that I can't say anything to him or her about my feelings?
  • Am I surprised by the strength of my reaction when I try to discuss differences in parenting with the other parent?
  • Do I feel that I'm not always able to trust the other parent to handle our child in a way that allows me to feel comfortable?
  • Do I feel that the other parent is watching my parenting far too closely?
  • Do I feel unsupported or not trusted by the other parent in the way that I parent my child?
  • Do I find myself saying things to my child, or to the other parent in front of my child, that put down this person's parenting and/or weaken his/her role as a respected parent in my child's eyes?
  • When my child's other parent and I do try to discuss parenting differences, do we end up getting "stuck" and unable to come to a mutually satisfying conclusion?
  • Do I have a hard time identifying things the other parent does that my child responds to really well, complimenting my partner on these things, and/or saying positive things to my child about the other parent even when he or she isn't around?
If you find yourself answering "yes" to many or most of the above questions, this may mean that the coparenting relationship is in need of a tune-up.

What can be done to improve the coparenting relationship?

Here are some things you can do to work on your coparenting relationship:
  • Communication: Without question, communication is the key to building a solid coparenting alliance, just as it is the key to building a strong marital or couple relationship. Parents must make the time for communication and learn how to effectively discuss their views about parenting.
  • Finding the positive: Identification of, and respect for, each partner's contributions to the child's development is an important step towards an improved coparenting relationship. Parents should watch their partners' interactions with the children and attempt to identify not just the things they feel are damaging the child, but also the things that are benefiting the child. These may be things that you also do well, but often they will be things that are different from your way of doing things. The proof is in your child's response over time.
  • Compromise: Parents need to be willing to give up the satisfaction that comes with "being right" all the time, and realize that, in many cases, both parents may hold reasonable views of how to parent the child. Parents should try to come to a conclusion that both can agree on. Indeed, research suggests that parents who are more flexible are able to coparent more effectively than those who are more rigid.
  • Never undermine or criticize the other parent's parenting: It is easy to take verbal swipes at the other parent in front of the child, such as "Daddy's mad today," or "Mommy never lets you do anything, does she?" Or parents may actively undermine each other's parenting by "undoing" previously set limits or otherwise contradicting their partners. Behaviors such as these 'can reduce the child's respect for the other parent, cause conflict and/or alienation of the other parent, and create an inconsistent and potentially confusing environment for the child.
  • Cohesion: Parents can work to foster unity in their family and to strengthen the partner's role as a coparent for the child. Making an effort to include the other parent in your fun interactions with the child (though not when s/he is stealing his or her only moment of down time that day!) and regularly asking for the partner's opinion in parenting decisions will likely benefit the child.
  • It's not written in stone: Remember that this is an ongoing process. Parenting plans should be revised over time as needed.
Sometimes, even when you try very hard to work with the other parent, it can be difficult to improve your coparenting relationship. If this is the case for you, it can be helpful to get an outside perspective. There are licensed mental health professionals who are experts in family relationships, and they can work with you to help you improve your coparenting relationship. To find a licensed mental health professional in your area, you can ask for referrals from your physician, child's school or pediatrician, clergy, your insurance company, or friends who have had a positive experience with a therapist, or check with the local licensing boards.

References

Belsky, J., Crnic, K., & Gable, S. (1995). The determinants of coparenting in families with toddler boys: Spousal differences and daily hassles. Child Development, 66, 629-642.
Feinberg, M. E., Kan, M. L., & Hetherington,E. M. (2007). Longitudinal study of coparenting conflict on adolescent maladjustment. Journal of Marriage and Family, 69, 687-702.
Frosch, C. A., Mangelsdorf, S. C., & McHale, J. L. (2000). Marital behavior and the security of preschooler-parent attachment relationships.Journal of Family Psychology, 14, 144-161.
Gable, S., Belsky, J., & Crnic, K. (1994).Coparenting within the family system: Influences on children's development. Family Relations, 43, 380-386.
Katz, L. F., & Gottman, J. M. (1996). Spillover effects of marital conflict: In search of parenting and coparenting mechanisms. In J. P. McHale & P. A. Cowen (Eds.), New directions for child development Vol. 74, Understanding how family-level dynamics affect children's development: Studies of two parent families (pp. 57-76). San Francisco: Jossey-Bass.
Katz, L. F., & Low, S. M. (2004). Marital violence, co-parenting and family-level processes, and children's adjustment. Journal of Family Psychology, 18, 372-382.
McConnell, M. C., & Kerig, P. K. (2002). Assessing coparenting in families of school-age children: Validation of the Coparenting and Family Rating System. Canadian Journal of Behavioural Science34, 44-58.
McHale, J. (2007). Charting the bumpy road of coparenthood. Washington: Zero to Three Press.
McHale, J. (1997). Overt and covert coparenting processes in the family. Family Process, 36,183-210.
McHale, J. (1995). Co-parenting and triadic interactions during infancy: The roles of marital distress and child gender. Developmental Psychology, 31, 985-996.
McHale, J., Johnson, D., & Sinclair, R. (1999). Family-level dynamics, preschoolers' family representations, and playground adjustment.Early Education and Development, 10, 373-401.
McHale, J., Kazali, C., Rotman, T., Talbot, J., Carleton, M., & Lieberson, R. (2004). The transition to co-parenthood: Parents' pre-birth expectations and early coparental adjustment at three months post-partum. Development and Psychopathology, 16, 711-733.
McHale, J., Khazan, I., Erera, P., Rotman, T., DeCourcey, W., & McConnell, M. (2002). Coparenting in diverse family systems. In M. H. Bornstein (Ed.), Handbook of parenting: Being and becoming a parent Vol. 3 (2nd ed., pp. 75-107). Mahwah, NJ: Lawrence Erlbaum Associates.
McHale, J. P., Kuersten, R., & Lauretti, A. (1996). New directions in the study of family-level dynamics during infancy and early childhood. In J. P. McHale, & P. A. Cowen (Eds.), New directions for child development Vol. 74, Understanding how family-level dynamics affect children's development: Studies of two-parent families (pp. 5-26). San Francisco: Jossey-Bass.
McHale, J. P., Kuersten-Hogan, R., & Rao, N. (2004). Growing points for coparenting theory and research. Journal of Adult Development, 11, 221-234.
McHale, J. P., & Rasmussen, J. L. (1998).Coparental and family group-level dynamics during infancy: Early family precursors of child and family functioning during preschool. Development and Psychopathology, 10, 39-59.
McHale, J., Robertson, J., Daley, M. & Fivaz-Depeursinge, E. (2007, February). Infants' contributions to early family process. Paper presented at the Southeastern Psychological Association, New Orleans, LA.
McHale, J. P., & Rotman, T. (2007). Is seeing believing? Expectant parents' outlooks on coparenting and later coparenting solidarity. Infant Behavior and Development, 30, 63-81.
National Scientific Council on the Developing Child (2004). Children's emotional development is built into the architecture of their brain. Working Paper No. 2. Retrieved October 1, 2007, fromhttp://developingchild.harvard.edu/library/reports_and_working_papers/working_papers/wp2/
Schoppe, S. J., Mangelsdorf, S. C., & Frosch, C. A. (2001). Coparenting, family process, and family structure: Implications for preschoolers' externalizing behavior problems. Journal of Family Psychology, 15, 526-545.
Schoppe-Sullivan, S. J., Mangelsdorf, S. C., Brown, G. L., & Sokolowski, M. S. (2007). Goodness-of-fit in family context: Infant temperament, marital quality, and early coparenting behavior. Infant Behavior and Development, 30, 82-96.
Schore, A. (2001). The effects of a secure attachment relationship on right brain development, affect regulation, and infant mental health.Infant Mental Health Journal, 2001, 22, 7-66.
Talbot, J., & McHale, J. P. (2004). Individual parental adjustment moderates the relationship between marital and coparenting quality.Journal of Adult Development, 11, 191-205.
Van Egeren, L. A. (2003). Prebirth predictors of coparenting experiences in early infancy. Infant Mental Health Journal, 24, 278-295.

Footnotes

1. 
This document is FCS2277, one of a series of the Department of Family Youth and Community Sciences Department, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida. Original publication date October 09, 2007. Reviewed April 2012. Visit the EDIS website at http://edis.ifas.ufl.edu.
2. 
James McHale, professor and director of the Family Study Center, University of South Florida St. Petersburg, Jason Baker, postdoctoral associate, Family Study Center, University of South Florida St. Petersburg, and Heidi Liss Radunovich, assistant professor, Department of Family, Youth and Community Sciences, University of Florida, Gainesville, FL 32611.


The Institute of Food and Agricultural Sciences (IFAS) is an Equal Opportunity Institution authorized to provide research, educational information and other services only to individuals and institutions that function with non-discrimination with respect to race, creed, color, religion, age, disability, sex, sexual orientation, marital status, national origin, political opinions or affiliations. For more information on obtaining other UF/IFAS Extension publications, contact your county's UF/IFAS Extension office.

U.S. Department of Agriculture, UF/IFAS Extension Service, University of Florida, IFAS, Florida A & M University Cooperative Extension Program, and Boards of County Commissioners Cooperating. Nick T. Place, dean for UF/IFAS Extension.

Monday, November 10, 2014

Harassent Restraining Orders (HRO)

Harassment Restraining Orders: 

Minnesota courts provide recourse for individuals who are facing harassment. 

A Harassment Restraining Order (HRO) 

If you believe you are being harassed, you should file a Harassment Restraining Order. You can get a HRO issued without a hearing. The person who the HRO is against has 45 days to request a hearing to challenge the HRO.

When granted HROs order that the harasser refrain from acts of harassment.


A petition for an HRO must allege the following:


- An incident of physical or sexual abuse,

- Repeated incidents of intrusive or unwanted acts,  or
- Words, or gestures that have a significant negative effect or are intended to have a significant negative effect on your safety, security, or privacy.


A Harassment Restraining Order can be put in place for up to two years, if the petitioner believes that the HRO is still necessary, the petitioner can request that the HRO be extended for two more years.

If you have more questions you can call Stacey Keenan, Attorney at Law at 651-357-1882..  Visit our website at: www.keenanlegalmn.com




Tuesday, November 4, 2014

Child Support, Minnesota Overview

1.  Who pays child support?

It depends on how much parenting time each parent has.  If one parent has 56% or more of the parenting time, then that parent will recieve child support.  However, if the parents are awarded parenting time that is almost equal with a split of 45/55 or closer, than child support is paid by the parent who earns more.

2.  What factors are important to calculating child support?

Friday, October 31, 2014

Minnesota Gender Bias and Custody

In the emotionally-charged world of child custody, there is a fundamental myth that both enslaves women and disenfranchises men.
While there are inherent animal instincts hardwired into our species when dealing with infants, parenting is a learned behavior. And the myth that women automatically know how to be a good parent solely by virtue of having given birth doesn't only put unfair expectations on women but minimizes the role of men in the rearing of a child. Short of not being able to breast feed, men have the same abilities to protect and guide the development of a child as women. Yet this myth propagates the notion that men are innately incompetent to nurture a child which, unfortunately, plays itself out daily in Family Court.
From a legal perspective, most courts are obligated to focus on the best interests of the child. However, the reality is that a gender bias exists due in large part to the antiquated notion that women make better parents. And even though statistics show unequivocally that children raised in single parent homes with limited or no access to both parents are at a far greater risk to commit crimes or abuse drugs, many men face an uphill battle when trying to assert themselves into their children's lives
In the late 19th century, the "Tender Years Doctrine" was created which presumes that the mother should be granted custody for children 13 years and under. While it is rarely used as today, and has been replaced with the "Best Interests of the Children" doctrine of child custody, this shift didn't fully take hold until 1989. But having been in countless court cases where I've seen men who wanted nothing more than to be actively involved in their children's lives fall victim to a system that regularly sides with gender over parenting skills, it's clear that statutes alone aren't enough to change the preconceived biases that still exist.
Just as no man should automatically be deemed an inattentive, emotionally distant and a poor caretaker by virtue of his chromosomal makeup, neither should a woman be presumed inherently skilled at caretaking, being attentive to the emotional needs of her children, or a more nurturing parent purely by virtue of her uterus. All aspects of humanity are relative. No one is "all good," just as no one is "all bad." Yet when it comes to child custody, the unique skills and life experiences of the individual, of either gender, are too often passed over in favor of outdated thinking that carries little weight in today's society.
I recently represented a man who by all accounts would be considered a great parent. When we first sat down to discuss his case he showed little care about the house and other material possessions but only wanted to make sure he had access to his children. He wanted to be more than just a monthly alimony check; he wanted to be a "Dad." But despite following the advice I give all my clients in cases involving children, the most important of which is to secure documentation that proves parental involvement in the child's life, he ended up with very constricted visitation rights. The reason? An aggressive attorney and a vindictive wife who testified that she felt her husband was an unfit parent and that her children didn't want to spend time with him.
It was heartbreaking to watch and, unfortunately, all too common. Not only does this strategy create a highly contentious court battle but the underlying message conveyed to a court already predisposed to thinking that women make better caretakers, is that the father is lacking in good parenting skills. While these cases can be fought the emotional toll it takes on the father, and the children, can be devastating.
Obviously, not all men make great fathers just like all women are not vindictive. The majority of cases I see involve two parents whose lives together didn't work out, want what is best for their children and understand the role each parent plays. But divorce does strange things to people. They will sometimes act out of character and with the urging of friends and attorneys take on a "win at all costs" attitude. And when this takes place it is invariably the child that ends up losing the most.
As long as the notion exists that gender serves as the defining factor in determining parenting skills both men and women will suffer. Good mom's will shoulder too much of the burden while good dad's are denied access to what matters to them most. And if they're bad parents neither is challenged to become a better influence in their child's lives. But ultimately it is the child who is the real victim in the perpetuation of this myth. While it can obviously be stated that not all children growing up in single parent households face problems later in life, to discount the role that each parent plays in raising a child is a recipe for creating the alarming criminal and drug use statistics for adults who grew up with limited or no access to both parents.
While the courts can't do much about the irresponsible sperm donator who impregnates a woman and then shirks his duties as a parent, they can do something to acknowledge and protect the rights of men who, for no reason other than having a Y chromosome, have been relegated to second class status as a parent.


If you need a lawyer call Stacey Keenan, Attorney at Law, at 651-357-1882 and set up a consult.

Thursday, October 30, 2014

Single Father Families a Rising Trend

Single Father Families a Rising Trend

In the year 2011, American families do not look like they did in 1950.  Some children have two mothers or two fathers.  Others are raised by an aunt, uncle or grandparent.  Many kids live in single family homes and some of those single parents are single fathers.

Read more about the single father trend here.

Minnesota Father’s Adoption Registry:

Minnesota Father’s Adoption Registry:

Minnesota Father’s Adoption Registry:   
A voluntary registry for a man who may be the child’s father but is not married to the child’s mother at or before the time of the child’s birth; and has not established paternity via the court.  
Commonly questions
Q: How do I register?
A: You will need to register before or within 30 days of the child’s birth. You can register by free by filling out the forms found at http://www.health.state.mn.us/divs/chs/registry/regfrm.htm.  Once the forms are filled out you can turn them in person or mail them to
Fathers' Adoption Registry
Minnesota Department of Health
Office of the State Registrar
P.O. Box 64882
St. Paul, Minnesota 55164-0882
Q: Why should I register?
A: By registering, you will be notified by the court when adoption proceedings for the child begin and you can decide if you would like to preserve your rights as the father or consent to the adoption.  If you chose to preserve your rights as the father, you will need to start a paternity action with the court to legally establish that you are the father.
Q: What happens if I register 31 days after the child’s birth?
A: If the registry has already been searched, you may not be notified by the court of a pending adoption and the court may rule you gave up your paternal rights.  Also, the child may be adopted without your consent.  
If you register 30 days or after the child’s birth and the registry has not been searched, you will be identified in the search.  At the time of the search, it will be up to the court to determine if you have met the filing requirements.  Additionally, if there has been no adoption, your information may be used to contact you for financial support.
Q: Does the registry apply to all children?
A: No, the registry only applies to children born January 1, 1998 or later.

If you have more questions you can call Stacey Keenan, Attorney at Law at 651-357-1882.

Minnesota Divorce 101


Divorce in Minnesota is no fault
Your reasons for divorce may be infidelity, neglect, emotional/ physical abuse, or plan your  to run away with a new lover.  The reasons are not important.  In Minnesota, the court will grant a divorce if one spouse asserts that there has been an "irretrievable breakdown" between you and your spouse.  Evidence regarding misuse of marital property is important if you and your spouse disagree on how to divide property and debt.  Domestic violence and other "bad acts" that affect the best interest of the children will be important in determining custody and parenting time.   

Minnesota Residency
Minnesota requires that a person reside in the state for at least six (6) months before filing for divorce.  It is okay for just one spouse to reside in Minnesota, so long as the resident spouse files in Minnesota. 

Marital Property and Non-Marital Property
Most property accrued during the marriage is marital property.  Marital property includes home equity, retirement accounts, cars, and any property gained during the marriage, but not through gift or inheritance.  Property owned before the marriage is, generally, not considered marital.


Parent Gender and Child Custody
Child custody and parenting time decisions are made based on the "Best Interest of the Child" factors.  These factors do not explicitly favor mothers or fathers. However, this does not mean that bias doesn't exist.  A Preference for mothers is not written into the law.

If you have more questions you can call Stacey Keenan, Attorney at Law at 651-357-1882.

Helpful Hints for Unmarried Dads


I've heard it before, and you've heard it too.  Family courts favor moms.  The truth is that decisions often do favor moms, especially unmarried moms.  There are ways to improve your situation with the courts as an unmarried dad.

- Sign the Recognition of Parentage.
This document is provided to parents at the hospital, and is the easiest way to establish paternity.  Sign the ROP when you are sure you are the father, because undoing an ROP is not as easy as signing one.  If you are not present at the hospital when the child is born you can get the form at:  DHS

- Be an active father
Get parenting time.  The more court ordered parenting time you have the lower your child support obligation, but that's not the only reason.  Being an active parent is awarding in other ways.  As an active dad, child support obligations decrease when you have at least 10% parenting time and even more at 45% parenting time. If you and the mom split parenting time at the 45% level, you could collect support if the mom earned more than you.

If you had the child 56% of the time, you would be the parent receiving the child support, even if you earned more.

- Keep records 
It's okay to keep agreements between you and the mom, but keep records to protect yourself.  Did you buy a crib, formula, or diapers?  Keep those receipts.  Do you send money to the other parent each month?  Create a paper trail and never pay in cash.

If a mom decides to take a dad to court for arrears (back child support) and dad did not keep records, mom will get the court to order dad to make the payments all over again.

Keeping records is important if the parents agree on how to divide time with the kids, too.  Keep a calendar to keep track of your parenting time in case you are hauled into court.  Keeping records is good, but records are never as much protection as a court order. 

- File a Stipulation or a Petition
The less expensive route is to file a stipulation (or agreement) on the issues with the court.  You and the other parent can reach an agreement, get the agreement drafted, and file it.  If you have good rapport with the other parent, you can get them to split the attorney and the filing fees.

Having a pleasant relationship with the other parent will allow you to get way better outcomes than attempting to crush them in court.  Unless you have some indisputable evidence that their parenting is seriously hurting your child, fighting over custody is a big gamble. 

If the other parent will not agree, right away, you can bring them to court. Most Minnesota family law judges will require you to mediate, and the vast majority of cases are settled through a Social Early Neutral Evaluation (a special kind of mediation).  

If you have more questions you can call Stacey Keenan, Attorney at Law at 651-357-1882.  Visit our website at: www.keenanlegalmn.com

Unmarried Dads Need to Take Action for Parental Rights

Unmarried Dads Need to Take Action for Parental Rights

In Redmond v. Redmond, an Illinois case which made it all the way to the court of appeals, the court determined that Dad had no standing to challenge Mom's decision to move to another country with their baby.  In this case the parents where unmarried and Dad had not established his custodial rights.



On March 28, 2007, unmarried parents celebrated the birth of their child in Illinois, and shortly thereafter they decide to move as a family to Ireland.  Mom decided to move from Ireland to Illinois just a few months later, against Dad's wishes.   Since Mom and Dad never married before Mom moved back to Illinois and Dad hadn't filed anything with the courts to establish his custodial rights, the Court of appeals ruled that Dad had no standing to challenge Mom's unilateral decision to skip town with their kid.
Unfortunately Dad spent years fighting Mom in both Illinois and Irish courts, before Dad realized that unmarried Dads have no custodial rights unless and until these Dads establish these rights with the court.
(July 2013)

MORAL OF THE STORY
Until an unmarried dad has gone to court (either by filing a stipulation or by filing a petition for parenting time) an unmarried mom has the ability to leave the state or country and make it more difficult for an unmarried dad to get parenting time or parental rights.  

If you are an unmarried dad file a custody and parenting time stipulation with the courts right away.  If mom and dad are still together, but not married, the stipulation can be simple and grant the parties joint (or sole) physical and legal custody, with liberal or 50/50 parenting time.

This simple process will protect an unmarried dad against an expensive international or out of state court battle later on.  

If you need a lawyer call Stacey Keenan, Attorney at Law, at 651-357-1882 and set up a consult.

Spousal Maintenance Awards


Spousal Maintenance
Predicting spousal maintenance awards is difficult.  Spousal maintenance differs from child support, because there are no state guidelines.  Rather spousal support awards depend on multiple factors, which I provide below.  There is a lot of room for judicial discretion in these decisions.

The showings needed to get an award for spousal maintenance are below:
  1. Need of a party for spousal maintenance,
  2. Ability of a party to pay spousal maintenance, and
  3. Sufficient length of marriage to establish “entitlement.

Spousal maintenance decisions are based on the following:
  • Length of the marriage.
  • Standard of Living during the marriage.
  • Income of both parties.
  • Living expenses of both parties.
  • Age of both parties.
  • Property apportioned to each spouse in the divorce.
  • Education and employability of the spouse seeking maintenance.
  • Any disability status affecting employability.
Legally the Court is also required to consider the contributions of each party to the marital estate. However, courts presume that each spouse contributed to the household equally.  Don't count on a spouse's level of contribution being an issue at trial. 


If you have more questions you can call Stacey Keenan, Attorney at Law at 651-357-1882.  Visit our website at: www.keenanlegalmn.com