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Herbert C Kroon
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Herbert Kroon’s Answers

19 total


  • How soon can I file for divorce?

    We have a daughter .. and i want a divorce. Do we have to live together until divorce is final?

    Herbert’s Answer

    In Minnesota, you can file a divorce anytime, so long as you have been a resident of Minnesota for the preceding six months. You do not have to live together until the divorce is final. But, before you do anything, I strongly suggest that you contact an attorney to discuss your best strategy. Shakopee has several very good divorce attorneys that you can contact.

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  • I'm 17, can someone who is almost 18 adopt my son (take fathers place) If we aren't married and he lives in another state

    I'm in Minnesota, he is in Nevada

    Herbert’s Answer

    In my experience as a family law attorney, judges approve 'step parent' adoptions only when the 'new dad' is married to the mother. Are you planning to marry this fellow? You have an additional issue : you are only 17 years old. The judge might want your parents to sign off on this because you are not an adult. Third issue: where does the biological father fit into all of this? Does he have a relationship with your son? Would he agree to consent to this adoption, were the judge to allow it? If he doesn't, you could still try to do this adoption , but it would be trickier. My bottom line: Consult a lawyer. There are lots of good family law attorneys in Minneapolis. Please find one and discuss your situation. Good luck to you.

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  • Would i get a chance to get my kids?

    My exwife has custody over my two daughters. I been told by my kids that she doesn't live with them. She has three other kids. How do i know if the child support is going to my kids? She have been moving back and forth and leaving my kids for man...

    Herbert’s Answer

    First, I want to comment on the child support part of your question: The parent receiving child support has no obligation to account for how child support money is being spent. Many, many parents who pay child support ask this question, but that's the answer..... On to the custody question. Yours is a situation that is too complicated for an answer by an AVVO attorney on this site. I STRONGLY recommend that you 'bite the bullet' and make an appointment to see an attorney. Bring your legal papers with you. The lawyer would do a far better job in evaluating this situation than we can. Good luck!

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  • Can a non custodial parent bring the child to therapy without notifying the other parent?

    We share legal custody and I have joint physical. My son has a therapist up where we live, but has not seen her in around a year. (Was considering seeing her again now that school is out.) The father lives three hours away and has started taking h...

    Herbert’s Answer

    This is a very troubling situation. I can't understand why your 'x' isn't willing to provide information about the counseling sessions. I think he probably has the right to take him to a therapist without your consent (just as you could ), but you also have a right to see the counseling records. You could make a motion in court to request access to the records so that you know what the counseling is about. A less traumatic possibility is to see if your x would be willing to mediate with a mediator. Geography could be a problem here because you are three hours apart. My best advice to you is to make an appointing with a lawyer in Virginia. You may have to spend some money to talk with an attorney, but I think it would be well worth it.

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  • In mediation, how are legal fees handled?

    I have been advised by my attorney to sue the trustee ( a family member) of my mother's trust. I prefer mediation of some sort. However, how are attorney's fees paid in this scenario? I assume no one assumes guilt, so does each person simply pa...

    Herbert’s Answer

    Typically, the parties equally split the costs of mediation. Good luck!

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  • Should I bring Family Wizard messages to mediation?

    My ex claims that I am an unfit parent and continues to lie on family wizard. She is completely rude and uncooperative and refuses to co parent with me. She is doing this so she can move to Wisconsin. We only use wizard so I have plenty of message...

    Herbert’s Answer

    You can certainly bring the messages. Remember, however, that the mediator is not a judge and the mediator's function isn't to lecture either of you. It might be helpful to bring to mediation to show the mediator (and your x spouse) if your x makes statements that aren't' consistent with the emails. .. If mediation fails, you can certainly return to court and show the judge the emails. Good luck!

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  • Joint legal decision making. While I have the children, am I able to take them to Sunday school and church? Or do both parents

    ...need to agree about it?

    Herbert’s Answer

    If you share joint legal custody , I see no reason why you can't bring your children to church during the weeks that you have them. PRoblems could occur if your 'x' is taking the child to a different church, and that church has beliefs different from your's. This could lead to a lot of confusion on the part of your children. This is where mediation, as discussed by another attorney, could be helpful. Good luck!

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  • Would I be eligible to be emancipated if I am already financially responsible for myself?

    I'm almost 16, I live at home with my mom. I work almost 30 hours a week, I go to school on daily bases, I don't smoke, drink, and don't have a criminal record. For the past 2 years I have really been struggling with my family; my mom is almost n...

    Herbert’s Answer

    Believe it or not, Minnesota does not have an 'emancipation law'. There are no forms that you can fill out to become 'emancipated.' The best option for you is to go to Brown County HUman Services and ask them to file something called a "CHIPS" petition. They might end up placing you in foster care, not something that you might want. However, if you can convince your social worker , and the judge, that you are mature and reliable, they might allow you to live independent of your parents. Good luck.

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  • Do I need a courts permission?

    I want to move to WI from MN with my child whom of which I have 100% physical custody and 50%legal custody. What do I need to do to make this happen?

    Herbert’s Answer

    Alas, Ms. Hoffman is incorrect. You do need either court permission or permission of the other parent. This is the case even if you have sole physical custody of the child. Another attorney correctly outlined Minnesota law on this topic. The law to which she referred is relatively new and reflects a shift in policy. Prior to the statute, the custodial parent would usually be granted permission to leave the state. The theory was "What's best for the custodial parent' is automatically best for the child." This is no longer the case. THe new statute is more child centered and looks at the relationships that the child has with the other parent, other family members, and the child's ties to the community. I recommend that you consult with an attorney as soon as possible. If you have a school aged child, you'll certainly want to move before the new school year, and getting the matter before a judge can take several months.

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  • How do I get a mediator

    My ex has EXTREMELY difficult time understanding reasonable communication when it comes to communicating about children. He constantly finds every possible excuse to call me, text me, email me. Not only that but he's psychologically and mentally a...

    Herbert’s Answer

    The purpose of a mediator isn't to determine that either party is a 'creep or liar, but, in your case, to help set up a commutation system that is safe and respects your privacy. Does your court order contain a provision for using mediation for future disputes? If it does, you can use that language to persuade him that he must use mediation. If it doesn't and he refuses to voluntarily mediate, you could file a motion with the judge seeking an order requiring that you mediate. I suggest that you consider using an online tool. "Our Family Wizard" as a means of emailing each other. This tool also provides ways to keep each other informed about the children and their schedules. Take a second and go to its website. Good luck!

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