DIVORCE & FAMILY LAW
Mary I. Johnson, Attorney at Law
Exclusive Area of Practice for more than 30 years
Our Services
DIVORCE
May include issues of child custody, spousal maintenance, asset, pension, property division, homestead award, marital liens and equitable cash settlement awards. Can also include child support and parenting time. Divorce involves literally every area of a person’s life.
SETTLEMENT AGREEMENTS
Attorneys can negotiate mutual agreements as to how to award custody and divide assets. This is usually done during mediation, and agreements are put into writing and signed by the parties and eventually signed by the judge.
ORDERS FOR PROTECTION
Domestic abuse restraining orders if you are the victim of domestic abuse as defined by statute. This is a temporary order which is put in place for a period of years, and can award the protected person sole occupancy of a residence, custody of the children, financial support and other relief.
30 Years Practicing Family Law and handle every type of Minnesota Family Court cases including the following:
CHILD CUSTODY & PARENTING TIME
If parents are unwed to each other at the time of a child’s birth, in Minnesota mother has sole custody and father has no visitation or custody rights. Father can get custody and visitation rights only by obtaining a court order in a child custody action. This is an absolute necessity for all unwed fathers.
CHANGE -MODIFICATION OF CUSTODY
You already have a final order signed by the court awarding custody. However, since there has been a change in circumstances which endangers the child being with the parent who was originally granted custody. This requires a showing of actual harm and a significant degree of danger to the child. It is a two part process requiring a motion and affidavit alleging a prima facie showing and an evidentiary hearing or trial. Court’s don’t change custody often, and you can only bring up facts that have occurred after the date of the existing child custody order.
PROPERTY AND EQUITY AWARDS
Equity and assets are awarded and divided by the court in divorce, including pensions, homestead, financial accounts and may order a party to pay the other a lump sum of money for a cash equitable payment award. All property settlements are final in a divorce decree after the time for filing an appeal runs, 60 days.
THIRD PARTY CUSTODY
A person other than biological parent seeks a court order awarding them custody instead of either biological parent. Defacto custodian or interested third party statutory requirements must be shown. Also known as grandparent custody and is covered by Minnesota Statutes 257C.
motions to relocate with child
If you already have a custody order in place and you subsequently wish to relocate permanently to move with the child out of state, you have the burden of proof and must get permission of the court or the other parent in writing before doing so.