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Eric Carlisle Nelson
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Eric Nelson’s Answers

373 total


  • Is there anything by law I can do?

    I have weekly court ordered visitation with my 5 year old daughter. I have not seen my daughter in over a month to almost two months and her mom was talking about moving out to Colorado with her because she was getting a better job out there. It...

    Eric’s Answer

    I have seen the Court issue an Emergency Ex Parte order in this kind of situation, ordering the immediate return of the child to the State of Minnesota. By law, once a parenting time order has been issued, a parent cannot relocate the residence of a child to another state without the consent of the other parent or a Court order. Here is an article I have published on this topic, which may be of help to you: http://www.minnesotadivorce.com/articles/out-of-state-moves/index.html. It is extremely important to find an attorney to address this immediately, however. The longer you wait, the less likely it is that the Court will order the child's return.

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  • Is the certified copy of the Divorce Decree accepted at a License Bureau when dealing with vehicle division in a divorce case?

    I got the certified copy of my divorce decree. Ex-husband gets one vehicle and I get the other (currently both vehicles are in both of our names). What is my next step when dividing the cars? When I go the license bureau to change the title (cars ...

    Eric’s Answer

    If you use a certified copy of the divorce decree, they will require that the vehicle be identified by its Vehicle Identification Number in the decree itself. But you shouldn't both need to be there at the same time.

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  • Where and how do I technically sign the Quit Claim deed? Property division in a divorce case.

    Just got divorced, now I have a certified copy of the Divorce Decree in my possession. Ex-husband and I both owned two houses: now, one house goes to him, and I get the other one. How do I technically change the titles? Where do we go to sign the ...

    Eric’s Answer

    Unless the decree requires it, which would be unusual, then you need not sign the quit claim deeds in any particular place. The person who signs the quit claim deed is the one relinquishing title to the property. It must be signed in the presence of a notary (available at most banks). I normally execute and record two documents with the county recorder of deeds: 1) a quit claim deed; and 2) a summary real estate disposition judgment. Here is a link to the Quit Claim Deed form: http://www.commerce.state.mn.us/UCB/10.3.1.pdf
    Here is a link to the Summary Real Estate Disposition Form: http://www.commerce.state.mn.us/UCB/80.1.2.pdf

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  • Joint legal custody but my wife is going around me and changing their school. What can I do if she enrolls them w/o my consent?

    My ex wife and I have joint legal and physical custody of our 2 daughters. After the divorce she picked where she wanted to live and where she wanted the girls to go to school. 4 years later my ex and her fiancé of two years are buying a house 1...

    Eric’s Answer

    Choice of school is a legal custody decision, so if you have joint legal custody, and your decree does not otherwise address the issue, then neither of you may switch schools without the consent of the other party or a court order. Doing so is a contempt of court, for which you could bring a motion for contempt of court and other relief. Whether or not you should do so, along with the larger question of what your best strategy is, depends on more information than is available in your question. Here is an article I have published on legal custody which should be of help to you: http://www.minnesotadivorce.com/articles/legal-custody/index.html

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  • Who has rights and how to get my daughter back

    My daughter lived with her father but he recently committed suicide I'm currently In treatment but children are aloud there with me so how do I get my daughter back? My daughters dad's wife and his mom are fighting saying they get to keep my daughter

    Eric’s Answer

    Unless there's a court order stating otherwise, custody defaults to the legal parents. Because you are the only living legal parent, that means you. So assuming you have a place for the children, step 1 would probably be to call the police to obtain their assistance in reclaiming your children. That said, I recommend you contact an attorney first to provide all of the details. Then an attorney can help you devise the best strategy for proceeding. Questions I have just off the top of my head are: when did the father commit suicide? How long have the children been living with their paternal grandparents? What are you in treatment for? Is it in-patient or out-patient? When will treatment be completed? Was there ever a custody order pertaining to these children, and if so, what did it say? Have the paternal grandparents commenced any legal action?

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  • I have joint custody of my children and would like to move out of state.

    I just received joint custody of my 2 children and would like to move out of state. My children are both old enough to decide whom they would like to live with (ages 10 and 14) May I move and allow the children to decide which parent they would l...

    Eric’s Answer

    The children will not get to decide where they live, but their preference would be taken into consideration when a proposed out of state relocation issue is determined by the court. If the other parent does not agree to the out of state move, you may bring a motion. You will want to consult with an attorney first, however, to determine whether or not you first need to try mediation or some other form of alternative dispute resolution before bringing the motion. An attorney could also help you assess the strength of your position. I have published an article on out of state moves of minor children, which may be of help to you, available here: http://www.minnesotadivorce.com/articles/out-of-state-moves/index.html

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  • How does one find a lawyer familiar with personality disorders and adept at dealing with these often high-conflict divorces?

    Divorcing an "acting out" BPD spouse is challenging. The BPD behaviors (e-mail hacking, false statements, stalking, calling friends, etc.) intensified. A child custody agreement was reached through an ENE. Unfortunately, the financial piece has b...

    Eric’s Answer

    Any attorney whose practice is devoted to family law and who has practiced for many years will undoubtedly have dealt with cases involving BPD. However, BPD is not legally relevant to the financial issues in a divorce, as it would be to the child custody related issues. There are a few family law lawyers who also have mental health backgrounds, but however well they may understand BPD, it is far more important that they understand family law. Even if your lawyer were trained in treating BPD, your lawyer wouldn't have the opportunity to treat your spouse anyway, as that would be impermissible contact with an opposing party who is represented by counsel.

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  • Do I get the actual divorce certificate or something like that when I am officially divorced?

    We signed the divorce stipulation that is now signed by the Judge. I have gotten certified copies of the Divorce Judgment and Decree from the Court. But there is no single-page divorce certificate, sort of a one-page documents that simply says: th...

    Eric’s Answer

    There is a two-page form titled "Certificate of Dissolution", which is available through the Minnesota courts website: http://www.mncourts.gov/default.aspx?page=513&item=103&itemType=packetDetails. The Court doesn't automatically issue this, however. You must complete it yourself and submit it to the Court for approval. I routinely obtain these at the end of my divorce cases. It is a great way to provide proof of your divorce without using the entire divorce decree, which is much longer and may contain information you don't wish to share.

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  • How soon does the order become effective, once the divorce judgment and decree (stipulation) is officially signed by the judge?

    Divorce stipulation has been filed to court and now the judgment and decree is signed by the judge. It was officially signed on 4/9/14. How quickly does that become effective? Immediately? Please, advise as I want to avoid any battles/fights with ...

    Eric’s Answer

    Officially, the divorce decree takes effect when it is "entered" by Court Administration, which sometimes is the same day it was signed by the judge, but more often is 2 or 3 days later. As for the issue of when the parenting time schedule takes effect, that will depend on when you agreed it would take effect in your stipulation. If you didn't specify when it would take effect, then it takes effect upon entry of the decree. Often times, however, parties will agree that the schedule takes effect once the stipulation is signed by the parties, regardless of how long it takes for the decree to be drafted, approved by the court, and entered by Court Administration.

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  • My husband and I are separating. We just filed our taxes. Am I entitled to half of that amount that we are getting back?

    just want to know what I am entitled to get.

    Eric’s Answer

    Generally speaking, tax refunds on income earned during the marriage are marital property, and the rule of thumb is that the overall marital estate is divided equally, unless one can show that for reasons of fairness it ought to be divided differently. That doesn't mean each and every asset is divided in half, however. Perhaps one party may receive all of a tax refund and the other party may receive other assets or more of the debt to compensate for that. Therefore, this question can't really be answered without knowing the whole picture. Here's an article I have published on property and debt allocation in Minnesota divorce cases which may be of help to you: http://www.minnesotadivorce.com/articles/property-and-debt-allocation/index.html

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