hello my daughters dad is currently in litigation for felony strangulation on his wife when my daughter was there. he was convicted of domestic abuse and interference with an emergency call in 2006 so this is two in ten, He was awarded temporary ...
First, you mist consult with an experienced attorney. It would appear you r case has a rather complicated history which would require a full review and preparation to best represent your position
Second, a court would certainly consider evidence of domestic abuse as part of any custody determination. However, it is not the only thing the court must consider. Minnesota statutes 518.17 addresses domestic abuse in custody situations as follows:
"(9) The court shall use a rebuttable presumption that upon request of either or both parties, joint legal custody is in the best interests of the child. However, the court shall use a rebuttable presumption that joint legal custody or joint physical custody is not in the best interests of the child if domestic abuse, as defined in section 518B.01, has occurred between the parents. In determining whether the presumption is rebutted, the court shall consider the nature and context of the domestic abuse and the implications of the domestic abuse for parenting and for the child's safety, well-being, and developmental needs. Disagreement alone over whether to grant sole or joint custody does not constitute an inability of parents to cooperate in the rearing of their children as referenced in paragraph (a), clause (12)."See question
I was going in shower and told my daughter that if the dishes were not done when I got out, I would do them myself and she could spend night in her toom. I was sitting on the toilet, taking my shoes off and she came in flaling her arms . I told ...
Without hearing the evidence or the question asked, it is impossible to guess why or how a Referee arrived at his/her conclusion. However, a Referee has broad discretion in determining credibility of witnesses at an evidentiary hearing and will only be over-ryuled on an appeal if there was an abuse of that discretion.See question
I have 2 daughters from my ex wife. One is 17 and graduating High School in May and going to college. The youngest is 9. Their mother has recently (Oct) left her husband due to domestic violence and moved to the same town I live in. She claims di...
The first step to analyzing your case is a review of existing orders. Moreover, cases do not operate in a vacuum where an analysis can be easily made based on the presentation of one side of the argument. In the end, you must have your care reviewed in depth by experienced counsel.See question
Same judge ordered a restraining order one month ago, ex husband is now saying her definition(law,statue) didn't fit so he's asking for a reconsideration
There is no such thing as a Motion to Reconsider in Minnesota law
Minnesota Rules of Civil Procedure State as follows:
Rule 115.11Motions to Reconsider
Motions to reconsider are prohibited except by express permission of the court, which will be granted only upon a showing of compelling circumstances. Requests to make such a motion, and any responses to such requests, shall be made only by letter to the court of no more than two pages in length, a copy of which must be served on all opposing counsel and self-represented litigants.
In most cases, you would have to file a a motion for a New Trial, and/or Amended Findings or appeal the decision. You may file a Motion to modify the order if there has been some change of circumstance.See question
I turned in paperwork to Establish custody/parenting time with the courts & all other needed documents. I recently received a letter stating that I was needing to turn in default documents ( there are no forms called "default documents"). So I spo...
I would have to review the case, but it would seem they are requesting a Notice of Intent to Proceed with Default. and a proposed final Order.See question
I was charged with state lottery fraud and i had a bail of $20,000. When i went to turn myself in the correctional officer told me i had a $20,000 dollar bail. I was wondering how i already had a bail and i didn't go to court for my bail hearing. ...
I am not sure what your question may be.
You may always file a Motion to have your bail revisited/ However, to do so effectively, more would have to be known about your case. If you have not already done so, you should meet with an attorney to discuss your case, its potential defenses and the issue related to bail.See question
Due to legal trouble about two years ago I thought I might be going to prison so I asked my child's father if she could live with him for awhile while I got my self back together... I am now 18months sober and not going to prison and my daughter a...
Your paper work and court orders would have to be reviewed to determine the proper procedure for moving forward. You must contact an attorney to schedule that initial consultation.See question
After 10 months of file churning, I fired my divorce lawyer. Once I started representing myself, the divorce was settled in less than a month. Is it legal for my discharged attorney to be discussing my case with the opposing attorney after being f...
Your divorce decree is public information. Nonetheless, there is nothing that prevents an attorney from discussing information with the other person's counsel so long as they other person does not object and/or no confidential information is disclosed.See question
I was served yesterday at work, and the paperwork I received had a petition for custody. I want to file a counter petition and would like to know what form I need to fill out and where to get it.
You would be filing an Answer and Counter Petition. You can find some forms through the Minnesota Courts Website. However, those forms are very limiting. You would be wise to discuss your case with counsel. Some attorneys also offer "unbundled services." With unbundled services, you usually pay a flat fee for the particular service such as crafting you Answer and Counter Petition.
Essentially, unbundling is an agreement between the client and lawyer to limit the scope of services that the lawyer renders. This may include drafting documents as dictated by the client, performing legal research and writing as a form of ghost writer for the client to submit coaching the client through court proceedings and case preparation, and providing legal input and information regarding the likelihood of outcomes in court and how best to structure settlements These are services that can be provided on a case by case basis as a flat fee services or at an hourly rate.
Examples of unbundling include the following:
Advice: If a client wants advice only, advice can be offered at an initial consultation or throughout the case as determined by the client with input from the lawyer. The lawyer and client collaborate in helping the client decide if and when further consultations may be needed
Research: Based on the lawyer’s advice, if the client wants legal research, a personal or telephonic/Web unbundled service provides this legal information. Research may take as little as 15 minutes or as much as ten hours. The client and lawyer are teammates in joint charge of determining the scope of the job and who will do the work—the lawyer, the client, or a negotiated collaborative effort between the two.
Drafting: Lawyers can ghostwrite letters or court pleadings for the client to transmit or review and comment on documents the client has prepared or be engaged only to send a letter on behalf of the client on law firm letterhead.
Negotiation: The lawyer can teach the client how to negotiate with his/her spouse or the spouse’s lawyer directly in preparation for mediation or a settlement meeting. Or the lawyer can be engaged to conduct negotiations on behalf of the client without being counsel of record for the entire court case.
Court appearances: If a client desires, an unbundled lawyer can offer limited representation for court appearances, hearings, and mediation.
“Second opinions” are also a classic unbundled services.See question
My ex and I have had a decent coparenting relationship. We broke up two years ago and have been coparenting without the court getting involved. She recently had a baby with the guy she is with, and has comepletely changed. Since I do all of the dr...
I am afraid your case would require a far deeper dive than a few paragraphs in a post. Certainly, how you present your evidence to a Child Support Magistrate can have a significant impact on the outcome. You would be wise to meet with an attorney to assist you in building your case.See question