Eric Carlisle Nelson’s Answers

Eric Carlisle Nelson

Minneapolis Child Custody Lawyer.

Contributor Level 14
  1. What is the process for getting a Child Support award ? Does it need to go to Court or can it be resolved with Attorneys?

    Answered almost 2 years ago.

    1. Eric Carlisle Nelson
    2. Michael J Corbin
    3. Matthew Thomas Majeski
    3 lawyer answers

    You do not need to stay in the "collaborative law" process in the post-decree setting unless that is something you agreed to. You should check your decree, however, before bringing a motion in the Expedited Child Support Process, because there may be a requirement in your decree that you mediate or pursue some other form of Alternative Dispute Resolution before returning to court.

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  2. I am pregnant and unmarried. What are the father's rights if his name is on the birth certificate? If not?

    Answered almost 2 years ago.

    1. Eric Carlisle Nelson
    2. Matthew Thomas Majeski
    2 lawyer answers

    Regardless of whether or not his name is on the birth certificate, an unmarried father has no enforceable rights until a court recognizes them. He will need to bring a petition to establish paternity and/or child custody. Once he does so, assuming he's the father, the Court will establish custody, parenting time, and child support. Here is an article I've published which addresses some of this: http://www.minnesotadivorce.com/articles/paternity/index.html.

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  3. Another man signed the birth certificate and now the mother after 8 years is threatening child support. Does he have to pay?

    Answered almost 2 years ago.

    1. Eric Carlisle Nelson
    2. Sara Marie Grant Rojas
    2 lawyer answers

    One cannot be ordered to pay child support unless and until paternity is established. So unless there has been a signed Recognition of Parentage or a Paternity Decree, as it sounds like there is not, then your husband cannot be ordered to pay child support. That said, the mother could bring a paternity suit against him, in which case he would be required to take a DNA test. If he turns out to be the biological father, the Court will issue a decree establishing paternity as well as child...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. How do you get a continuance in minnesota in a family court case?

    Answered almost 2 years ago.

    1. Kristi Ann Fox
    2. Eric Carlisle Nelson
    3. Christine L Stroemer
    4. Matthew Thomas Majeski
    4 lawyer answers

    You should start by asking the other party or the other party's attorney for an agreement to continue the case. Usually the Court requires this. The next step is to request the continuance from the Court, which is much easier to obtain if the other party agrees, but still possible to obtain even without the other party's agreement, if your excuse is good enough under the circumstances (and everything will depend on the circumstances, which are not disclosed in your question). The sooner you...

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  5. What are some common and uncommon good things to have stated in a custody order?

    Answered 8 months ago.

    1. Eric Carlisle Nelson
    2. Christian Ryan Peterson
    3. Maury Devereau Beaulier
    4. Tricia Dwyer
    4 lawyer answers

    Here is a link to a good Parenting Agreement Worksheet which does a great job of addressing all of the issues you need to think about and be prepared to address in mediation: http://www.mncourts.gov/documents/Parenting-Agreement-Worksheet.pdf

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  6. How do I deal with false allegations against harassment in family court?

    Answered 7 months ago.

    1. Eric Carlisle Nelson
    2. Samuel John Edmunds
    3. Alex De Marco
    4. Matthew Thomas Majeski
    5. Maury Devereau Beaulier
    6. ···
    7 lawyer answers

    A custody evaluation can be helpful in bringing out the truth, because an evaluator can dig deep and question the parties and witnesses. There is no way to say in general how to dispute false accusations, because the counter-measures will be different depending specifically on what each and every false accusation is. That is where a good lawyer is very helpful. Certainly at an evidentiary hearing one has the opportunity to question witnesses and introduce exhibits to persuade the Court....

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  7. If I have a friend serve a MN divorce dissolution summons on my wife, what exactly has to occur? If he hands it to her and she

    Answered 6 months ago.

    1. Eric Carlisle Nelson
    2. Matthew Thomas Majeski
    3. Tricia Dwyer
    3 lawyer answers

    If a person is handed the documents but refuses to accept them, and the documents are then just left on the doorstep, the person is still served. That said, if you anticipate these kinds of shenanigans, it would be wise to use a professional process server such as Metro Legal Services, whose credibility cannot be attacked on grounds of bias, as could happen if you use a friend to serve the documents.

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  8. I have no family where I live. Can I move out of state with two minor children following divorce?

    Answered almost 2 years ago.

    1. Howard M Lewis
    2. Sara Marie Grant Rojas
    3. Eric Carlisle Nelson
    4. Michael J Corbin
    4 lawyer answers

    This is a tricky situation. Prior to the commencement of a divorce, you do not need the Court's permission or your Husband's permission to move the children. But by the same token, your Husband does not need your permission or the Court's permission to go down to Texas and bring them right back. Likewise, assuming the children have been living in Minnesota for at least the past 6 months, under the Uniform Child Custody Jurisdiction and Enforcement Act, Minnesota will continue to have...

    4 lawyers agreed with this answer

  9. If Ex-Remarries... and she decides to decrease her income because of his... does that raise my % if 50/50 custody?

    Answered almost 3 years ago.

    1. Eric Carlisle Nelson
    2. Maury Devereau Beaulier
    3. Benjamin Josef Colburn
    4. Brian Scott Piper
    4 lawyer answers

    With very limited exceptions, the Court won't normally let a person get away with voluntarily reducing his or her income. That is what the Court calls willful underemployment. In such circumstances, the Court will normally impute "potential income" to that person at the level he or she was at before voluntarily reducing his or her income. See Minnesota Statute section 518A.32. (https://www.revisor.mn.gov/statutes/?id=518A.32).

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  10. How can i get an order of protection dropped against me?

    Answered 7 months ago.

    1. Eric Carlisle Nelson
    2. Matthew Thomas Majeski
    3. Maury Devereau Beaulier
    4. Tricia Dwyer
    4 lawyer answers

    If I understand this correctly, a court found that you abused your son and issued an Order for Protection against you. Sometime thereafter, the father who accused you of the abuse was himself charged with assault and abuse against your son. The father's assault under these circumstances is not in and of itself a basis on which to obtain a dismissal of the Order for Protection against you. Depending on all of the circumstances, however, it might be possible to bring a motion to have the OFP...

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    1 person marked this answer as helpful

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