Minneapolis, Minnesota Family Law Frequently Asked Questions

The following information includes frequently asked family law questions. These questions and answers are general in nature and should not be used as specific legal advice for your case. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. For specific questions about your case, please contact Minneapolis family law Attorneys Kurzman & Grant.

Will I be responsible for Attorneys fees if my spouse has initiated a divorce?

Not always. Courts allow a spouse who lacks the financial ability to hire an attorney to request that the court order the other party, if that other party has the financial ability, to pay a reasonable amount to allow the unrepresented party to retain an attorney in a timely manner before proceedings in the matter go forward.

Do I have to go to court to obtain a divorce?

A court of law is the only way in which one can obtain a divorce decree, dissolution, legal separation, nullity, or other form of terminating a marriage. Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.

Is a father who never married the mother still required to pay child support? What if the father is not allowed to see the child?

Regardless of marital status, an ‘assumed father’ is any biological father of a child for whom paternity has been established by either the admission of the father or paternal testing. Assumed fathers are required to pay child support. Additionally, a man who never marries a child’s mother, but welcomes the child into his home and supports the child as his own may gain a ‘presumed’ father status, and typically, the presumption of paternity holds the same rights and responsibilities of an assumed father, in regard to parental liability and monetary support.

Every parent has a financial obligation to support their children, and child support should never be confused with custodial or visitation rights. There is no state which permits a parent to withhold child support because of disputes over custody or visitation. If a non-custodial parent believes their rightful child visitations are being disrupted, it is recommended to contact an attorney to file a claim against the custodial parent in a court of law, rather than stop making child support payments as a form of retaliation. However, in the event of parental kidnapping, in which the custodial parent completely disappears with the child, any wage garnishments or income attachments as made for child support on behalf of the non-custodial parent would cease.

What happens to a father who refuses to pay court ordered child support?

Under the Child Support Enforcement Act of 1984, it is against the law for any father, presumed or assumed, to not pay court ordered child support to the custodial guardian, regardless of joint custody. Federal laws permit the interception of tax refunds to enforce child support orders, and other methods of enforcement include wage attachments, seizure of property, suspension of a business license and possible driver's license revocation. In the event that none of these attempts are entirely successful, the court of law that issued the child support order can hold the father in contempt and, in the absence of a reasonable explanation for the delinquency, impose a jail term.

Are there different types of adoption?

Adoptions takes place in various forms, and are generally classified as independent, agency, step-parent, relative placement, and adult adoption. Independent adoption occurs when birth parents and adoptive families find each other on their own or through the help of an adoption intermediary; i.e., a pastor, family friend or doctor. Agency adoptions are handled through a child placement agency and approximately two-thirds of all adoptions in the United States are arranged through agencies.

In a step-parent adoption, the family adopting is a birth parent with a new spouse; this usually succeeds a divorce or spousal death. Adult adoption is the process whereby a person eighteen years or older is legally adopted by one or more persons eighteen years or older, and relative placement adoption occurs when the birth parent(s) is still a minor, has died or is disabled, or the child has been removed due to abuse and neglect, and another relative assumes physical custody and responsibility for the child.

Who may adopt?

Any adult living in Minnesota may file a petition to adopt a child who is at least ten years younger than the petitioner. Married couples are most likely to apply to become adoptive parents, although single and divorced individuals are not prohibited from adopting in Minnesota. There is no particular age, housing situation, social background, or income level that makes certain people more qualified than others to be adoptive parents, although some applicants may be required to provide additional information to an agency; i.e., working parents would be required to confirm how child care will be provided in their absence.

If you or someone you know in Minneapolis, Minnesota or within the surrounding counties of Minneapolis needs the assistance of an experienced family law attorney, please contact family lawyers Kurzman & Grant today at 866-692-1192, or use the contact form provided on this site to begin a free consultation and evaluation of your family’s legal needs.