How to Get Full Custody After Joint Custody in Hutchinson, MN

Even if your relationship with your spouse is amicable, getting a divorce is emotionally and physically difficult. The situation gets further complicated if children are in the picture as custody battles are often challenging for everyone involved.

If you are seeking a divorce and have children, you need to understand the child custody aspect of the divorce process. In the US, most states will offer primarily two types of child custodies, sole custody and joint custody. This post explains, in short, different types of child custodies and whether or not you can get full custody after you have been awarded joint custody in Hutchinson, MN.

1. What Is Joint Custody?

Joint custody, also called shared custody, is where the family court allows both parents to remain involved in their children’s lives. As joint custody is often in the best interest of the children’s development, most family courts in the country will favor this arrangement.

Joint custody is of three types. Depending on the circumstances of your case, the court may award legal joint custody or physical joint custody or both.

A. Joint Legal Custody

It allows both parents to be involved in all the major decisions regarding the upbringing of their children. It usually involves decisions about medical care, education, religious upbringing, and any other major decisions that may impact their lives.

Both parents have the right to take these decisions jointly. In short, if you take any of these decisions without consulting your spouse, he or she may take you to the court. This may affect your present custody arrangement negatively.

B. Joint Physical Custody

Joint physical custody, as the name suggests, allows both parents to spend considerable time with their children. In most cases, the child will stay with one parent, while the other parent will have visitation rights. The visitation or parenting schedule is court-ordered.

However, as any experienced child custody lawyer in Hutchinson would tell you, joint physical custody works best if both parents live nearby, or at least in the same city. If one of the parents is located in a different state or country, sharing parenting time is impractical for children.

C. Joint Legal and Physical Custody

This is a combined joint custody, where both parents share legal and physical custody of the children jointly. When you share any of these three types of joint custodies, you have to work out a schedule with your spouse to provide your children with the best family and social life.  

2. What Is Sole or Full Custody?

When it comes to sole custody, also called full custody, one parent, called the custodial parent, usually gets all the parenting responsibility. As a custodial parent, you will have the right and the responsibility of both legal and physical custody of the children.

However, it doesn’t mean only one parent is involved in the lives of the children. The court will still award limited or even generous visitation rights to the non-custodial parent, depending on the circumstances of your case.

Most family courts are not in favor of full custody as it is not usually in the best interest of the children. Children often need the interaction of both parents for a better mental and physical upbringing.

However, if one of the parents is ill, disabled, mentally unstable, or otherwise incapacitated, has a criminal record, has an history of abuse or domestic violence, drug addiction or substance abuse, among other things, the court may decide to award full custody to the other parent. You should consult an experienced child custody lawyer in Hutchinson and discuss your case in detail to understand your custody options.

3. Can You Get Sole Custody after Joint Custody in Hutchinson, MN?

Most custody arrangements are open to modification. As the circumstances change, you can go to the court to change your existing custody arrangement. However, to get full custody after you have received joint custody, you must prove the change in circumstances to the court.

Custody battles are often challenging. So, you must prepare yourself before going into one. Seeking sole custody out of vengeance for your ex is never a good idea. You must, always, put your children’s best interest at the front and center of your decision. However, if the situation truly requires you to seek sole custody, you should get the right legal help as soon as possible.

In other words, you need to consult an experienced child custody lawyer in Hutchinson to explore your legal options. Your legal counsel will not only provide you with the right advice, but also help you gather the required evidence and represent you in the best possible manner.

Conclusion

As most custody arrangements are open to modification, it is possible to win full custody after having joint custody in Hutchinson, MN. However, custody battles are usually tough and complicated, requiring you to seek proper legal advice and representation in the family court. Once you have prepared thoroughly, you can go to the court to get full custody of your children. 

Consult an Experienced Child Custody Lawyer in Hutchinson

If you or your loved one wants to get full custody after joint custody or is seeking a divorce, Carlson & Jones, P.A. is one of the best legal advisors you can find. As experienced child custody lawyers in Hutchinson, MN, we have helped many parents get the best possible outcomes in their custody battles. Call us on (855) 976-2444 or contact us online to know more about our family law services.

 

Are Divorce Records Public in Brainerd, MN

Not just children, the process of getting a divorce can overwhelm even adults to a great extent. With emotions running high, the need to deal with a complex and slow-paced justice system can wear you down quickly and completely. As a result, most people tend to forget about the one thing all divorces have in common, the paperwork.

Once your divorce is finalized, all the paperwork related to your proceedings will be condensed into a divorce record. It comprises the important details of your case, including divorce settlement, alimony, and custody arrangements, among other things. At this point, like most people, you are less likely to think about what happens to your divorce record.

However, as an experienced divorce lawyer in Brainerd, MN, we make it a point to keep our clients and prospects well-informed. If you are getting a divorce, here’s what you need to know about divorce records.

1. Are Divorce Records Public in Brainerd, MN?

Not just in Brainerd, MN, in many jurisdictions around the world, most court proceedings are public records. So, your divorce record or decree is also a public record. In fact, if you file it, your separation agreement also becomes a public record.  

In other words, anyone can access your divorce record if they know where and how to find it. The purpose of making most court proceedings a public record is to allow the tax-paying citizens to scrutinize, examine, and copy them, regardless of the purpose. You usually have to pay a small fee to access the court records.  

2. Can You Seal Divorce Records in Brainerd, MN?

As you may already know, in almost all cases, the courts will not seal the divorce records automatically. However, with the help of an experienced divorce lawyer in Brainerd, MN, you can apply and convince the court to seal your records. One or both parties have the right to ask the court to seal the records.

Upon your request, the court may seal only a part or your entire divorce record. The final decision usually rests with the judge. The court will, in most cases, consider if making the record public could be harmful or not. If the answer is yes, the court will seal the record.  

3. Why Divorce Records Can Be Sealed in Brainerd, MN?

The court will decide to seal portions or your complete record depending on the circumstances of your case. However, the usual reasons for placing divorce records under seal include the following:

  • If the circumstances of your divorce require to protect the identity of children from the public, the court will seal this portion of your divorce records
  • Sometimes, the court may also seal the records to protect the identity of domestic abuse and child abuse victims
  • In many cases, the court will also seal sensitive information such as bank account numbers and social security numbers, among other things 
  • If one or both parties own a business, the court may seal any sensitive information related to the business

Usually, judges are reluctant to seal the entire divorce records. It is often a better strategy to ask the court to redact a portion of your divorce decree. However, there is no guarantee that the court will make the decision in your favor. You can, of course, consult an experienced divorce lawyer in Brainerd, MN to help you get the best possible outcome.

4. Where to Find Divorce Records

As mentioned, anyone who knows where to look can find divorce records. In most states, including Minnesota, you can try one of the following options to find the divorce decrees.

A. State’s Vital Records

If you are comfortable with finding court records online, you can start with a general search on your state’s vital records website. However, not all states will record marriages and /or divorces on the vital records site.

The Minnesota Office of Vital Records does not record marriages or divorces. Instead, the website will guide you to search for the county district court office that granted the divorce. You will need to know the name of the person and the county court where the divorce was granted. If you know the date, the search will be a lot easier.

You can order the copy of records online or you can visit the county court house, write an application, and collect the copies yourself. Make sure to check the website to see the detailed procedure. For example, some counties may not allow walk-in record access requests. In this case, you may have to send the application well in advance.

B. Divorce Attorney

Another option is to contact an experienced divorce lawyer in Brainerd, MN. Lawyers know the court systems well-enough to find the desired divorce records as quickly as possible. Remember, divorce records are important as they can tell you about a person’s actual marital status.

Conclusion

Like most other court records, divorce decrees are also a public record. Anyone can access the information related to your divorce for free or by paying a small fee. However, you can request the court to seal a part or all of your divorce decree. Hopefully, this post will help you understand the significance of divorce records and keeping them sealed. 

Talk to a Seasoned Divorce Lawyer in Brainerd, MN

Whether you want to get your divorce records sealed or find the divorce records of someone you know, hiring an experienced divorce lawyer in Brainerd, MN is the right way to do it. Family lawyers with proven track record, like Carlson & Jones, P.A. can provide you with the right legal advice. Call us today on (855) 976-2444 for a free consultation or contact us online to see how we can help.

 

What Questions Should I Ask A Divorce Attorney In Minnesota

Getting a divorce is never easy. It is possibly one of the most difficult times in a couple’s life. Many things may seem entirely new. For example, you may not be accustomed to hearing the legal terms associated with a divorce, and might never have had to rethink your finances before

However, the fact is that several considerations go into any family law case. Hiring a divorce lawyer is chief among them. To ensure that you end up working with an experienced divorce lawyer in Minnesota, you will need to ask them a few questions before hiring them.

To give you a head start in your search for the right divorce lawyer, we present a few questions to ask before hiring one.

1.  For How Long Have You Been Handling Family Law Cases?

This is an important question to ask, especially if you believe that your divorce is going be long and difficult. Rather than asking the prospective lawyer about how long they’ve been practicing law, you should ask them about their experience in family law specifically.

In case your case goes to trial, your lawyer needs to be knowledgeable in the following aspects:

  • Preparing legal arguments and filing motions.
  • Conducting cross and direct examinations.
  • Presenting evidence in court.
  • Objecting to the opposing party’s evidence.

You need to be assured of the lawyer’s ability to handle your case, even if it gets complex. Once you find a reliable lawyer, things will get easier.

2.  Do You Handle Cases Other Than Divorce and Family Law?

Having this answer will help you evaluate the prospective lawyer’s dedication to your case. Lawyers involved in other practice areas may not be as focused towards divorce cases as those who practice is exclusively. So you may feel more comfortable working with the latter. Further, they will have greater experience in handling all types of family law issues.

This, however, does not mean that a lawyer who doesn’t practice family law exclusively will fail in your case. If you’re in a position to choose, go for the one who specializes in family and divorce law.

3. Have You Handled Family Law Cases in My County in Minnesota?

Every county in Minnesota is different when it comes to the temperament of judges, and courtroom personnel and procedures. Hence, the legal tactics that may prove to be effective in Brainerd might not work in Buffalo. It is, therefore, crucial to find a divorce lawyer who has handled a considerable number of cases in the county where your case will be filed.

4. What Percentage of Cases Have You Settled?

Some clients are of the opinion that settling a case means giving into the pressure of the opposition. A skilled family lawyer will explain to you that settlement does not mean that. In fact, it means the attorney is doing their job by collecting the right case facts and making a compelling argument to the opposing party. Doing so requires more diligence and legal acumen than entrusting the final outcome to the court judge.

5. How Many Cases Have You Tried in a Minnesota Court?

Most of the time, divorce matters get resolved outside the courtroom, but some cases do end up in trial. If you are considering hiring a particular divorce lawyer, you should ask them about the type and number of cases they have taken to trial. The answer to this question will help you determine whether or not the lawyer is comfortable with the prospects of fighting it out in court.

You need to be prepared in case your matter doesn’t settle. It is probably better not to hire a divorce lawyer with no trial experience. On the other hand, a divorce attorney who is boastful of the numerous trials they have handled may be too litigious. Tread carefully and strike the right balance.

6. Will You Be Advocating for Me?

Many family law attorneys hire associate lawyers to help with their caseload. These associates are usually recent law school graduates who work under the guidance of a senior divorce lawyer. Sometimes, the lawyer you hire will delegate responsibilities to an associate attorney.

While some clients have no problem with this arrangement, others may feel more confident knowing that the lawyer they are talking to will actually handle their case. It is best to be clear about this aspect. So, choose carefully.

7.  How Often Will You Communicate with Me and What Is Your Preferred Mode of Communication?

Lawyers are busy people, and some may ask their associates or junior lawyers to communicate with their clients. Hence, in your initial consultation, ask your prospective attorney about how often they will be able to talk to you.

Most lawyers use email as their preferred mode of communication as it is quick and private. Some clients prefer to talk to their attorney face-to-face or on call rather than on email. You should consider all these aspects and look for a lawyer who communicates at the frequency and uses the mode you prefer

8. What Are Your Fees?

Divorces are the costly affair. It is always better to find out beforehand how much your divorce will end up costing in totality. Some cases can drag on for years, so you need have clear information on how it will affect you financially. Find out:

  • Will your lawyer charge a fixed fee or by the hour?
  • What services will the hourly charges include?
  • How often will the billing be done?
  • Do they have different rates for time spent in and out of court?
  • Do they ask for a retainer after hiring? If yes, what will the amount be?

Conclusion

Going through a divorce can be challenging. Having a supportive attorney to guide you through the complex legal maze can be highly comforting. Hiring the right lawyer is crucial if you want to go through the divorce process with your rights protected and head held high. Hopefully, asking the above questions will help you narrow down your search and find an experienced divorce lawyer in Minnesota to advocate on your behalf.

Reach out to Our Skilled Divorce Lawyer in Minnesota

The final outcome of a divorce case can have a lasting and considerable impact on your rights. It is crucial to have qualified legal counsel to protect your financial and parental rights throughout the divorce process. Feel free to connect with us at (855) 976-2444 for a free consultation. You can also contact us with your queries via our short website form. We will get back to you at the earliest.

What Does Primary Physical Custody Mean In Minnetonka, MN

The outcome of a child custody case can have a huge impact on the daily life of both parents. If you have children and are planning to get a divorce in Minnetonka or are already going through one, you need to understand how child custody works in Minnesota.

Of course, you can always consult an experienced custody lawyer in Minnetonka about the legal options available to you in your unique circumstances. However, it is a good idea to acquaint yourself with the basics of securing a custody plan that agrees with you and your children.

Child Custody in Minnetonka, Minnesota

Two types of child custody arrangements exist in Minnesota state:

  • Physical custody
  •  Legal custody

Physical custody refers “the routine daily care and control and the residence of the child.” It means having the legal right to make decisions regarding the child’s daily life. The parent who has physical custody typically lives with the child, or decides where the child will live. This parent performs all the regular duties associated with determining how the child spends his/her day.

The term primary physical custody is often used in child custody orders for the parent with whom a child spends the majority of their time. In such cases, both parents have a right to the children, but one parent has more time with his/her child than the other. The child generally lives with the primary custodian, while the non-custodial parent is given visitation rights.

Legal custody is the right and the obligation of a parent to make broader and less tangible decisions pertaining to the child’s upbringing. This includes decisions about the child’s education, religious beliefs, medical care, and more.

In this post, we’ll be focusing on primary physical custody.

How Do Minnesota Courts Work out Child Custody Matters?

Child custody issues arise most commonly in situations when a divorcing couple has children. However, this issue can also arise in other circumstances, like when a child is being looked after by a non-parent or when a child gets involved in the juvenile court system.

Parents who agree on a custody arrangement proceed to file a document called a “stipulation.” The court usually grants them their requests. But when custody is contested, the case goes to either the Family Court when it is related to divorce, or the Juvenile Court when it is related to child protection.

Like all laws, child custody laws also vary by state in Minnesota. The child should have been living in the state of Minnesota with the primary caregiver for at least six months before the case can be filed, unless an exception is made. The court decides the custody arrangements in keeping with the best interests of the child.

Several considerations, such as each parent’s availability, relationship with the child, and so on come into play here.

If parents are not able to resolve their custody-related disagreements informally, they will have to approach the court. In Minnesota courts, parents can seek custody in two ways:

  • If the couple is married, they can file a summons and petition to initiate divorce proceedings and seek physical custody, or
  • If the couple is divorced or separated or never married, but the paternity of the child has been established, a petition or motion can be filed for custody in the county where the child lives or where the court has already issued a custody order previously.

In both cases, one parent will need to submit a written petition or motion to the other parent so that both have the opportunity to explain their respective side of the story to the judge if a hearing is scheduled.

Child custody issues are tied with state laws. Hence, cases where parents and children live in different states are complex to deal with. Fortunately, Minnesota statute encourages cooperation between courts within and outside the state. There are set provisions that enable the sharing of evidence between states. For a clearer understanding of how this works, you should consult a qualified Minnesota child custody attorney.

Important Considerations at Play

As mentioned, Minnesota courts decide on child custody based on the best interests of the child. The courts take into consideration the evidence presented as well as each of the following 13 factors in their decision:

The requests of the parents

  • The preference of the child, if the court considers the child to be of sufficient age to express their desire
  • The primary caretaker of the child
  • The child’s closeness with each parent
  • The quality of interaction and relationship of the child with parents, siblings, and any other person who may impact the best interests of the child
  • The child’s adjustment to home, school, and community
  • The duration of time the child has lived in a stable family environment, and the interest in its continuity
  • The permanence of the existing or proposed custodial home
  • The physical and mental health of everyone involved
  • The child’s cultural background
  • The history of domestic abuse in the family, if any
  • Each parent’s ability to give provide the child with affection, guidance, education, and teach the child about the family culture, religion, and creed, if any
  • Each parent’s ability and willingness to encourage and allow interaction between the child and the other parent (unless domestic violence is involved)

Conclusion

The process of obtaining physical custody of a child can be complex and demanding. Fortunately, you need not go through it alone; legal help is always available. An experienced custody lawyer in Minnetonka can be your best ally and guide you through the legal maze, handle the necessary paperwork in court, and build your case from the ground up. After all, when your children are involved, you don’t want to leave anything to chance.

Get Legal Guidance from an Aggressive Child Custody Lawyer in Minnetonka, Minnesota

Don’t get lost in the labyrinth of legal paperwork, processes, and jargon when dealing with a child custody matter. Leave it to the experts. The team of experienced custody lawyers in Minnetonka at Carlson and Jones, P.A. will work diligently to bring you positive outcomes. Call us on (855) 976-2444 for a free consultation of your case. You can also contact us with your queries through our website.

 

What Does A Criminal Defense Lawyer Do in Brainerd, MN

In Minnesota, crimes vary from misdemeanors to felonies, and so do the punishments they carry. While for some misdemeanors and first-time offenses, you may get away with fines and/or community service, a significant crime can land you in prison. As a result, you need to represent yourself in the best possible manner in front of the judge and jury.

That’s where a professional criminal defense attorney comes in.

With the help of a seasoned lawyer, you can navigate the complicated and confusing US criminal law system easily. They can help identify, organize, and present facts related to your case that may end up reducing your punishment or even getting you acquitted.

Here’s what an experienced criminal defense lawyer in Brainerd, MN can do for you.

1. Help You Understand Criminal Law

As mentioned, criminal law in US (state and federal) is vast and complicated, which can be confusing for most commoners. Criminal attorneys not only have the educational qualifications to understand the law, but also have first-hand experience in dealing with every aspect of it in court.

As they know the law thoroughly, a criminal defense lawyer can help you understand the legal aspects of your case. They can also help you know which loopholes in the law can help you get the most desirable outcome, depending on the circumstances of your case.

They also know about the local laws, court procedures, police, prosecutors, and judges. This information can help reduce the nuisance involved in dealing with a criminal charge.

2. Investigate Your Case Further

Your criminal defense lawyers will investigate your case further to see if they can unearth useful facts. The lawyer will talk to the police officers handling your case, eyewitnesses (if they are involved), and anyone else related to your case.

Your lawyer may also talk to the witnesses to crosscheck the facts mentioned in their testimony. If the investigators appointed by your lawyer find any loopholes in the testimonies presented by the witnesses, your case may not even go to trial.

Moreover, your lawyer will review the legal processes to see if they can find any inconsistencies that can help thwart the charges against you. For example, if you were arrested without a probable cause, the charges against you may get dropped. However, only the best criminal defense attorney can understand how probable cause is defined in your jurisdiction and whether there are any loopholes in your case.

3. Double-Checking the Evidence

When investigating your case, your criminal attorney will also double-check the evidence being presented against you. Most lawyers will not only study the facts and theories related to your case’s evidence, they may also rope in expert witnesses to offer a different point of view than the prosecution.

Your experienced criminal defense lawyer in Brainerd, MN, may also hire a private detective to find any useful facts. However, these actions will be taken based on how serious your criminal offense is. For example, a simple DUI may not require independent evidence analysis, but an aggravated assault charge certainly will.

4. Negotiate to Get You a Better Deal

Most criminal cases, especially the ones involving minor offense, are less likely to go to trial. Usually, the prosecution will try to negotiate a deal with the defendant. However, the plea bargain will not be in your favor unless your lawyer is involved.

In other words, even if you want to go for a plea bargain, having a criminal defense lawyer on your side is a good idea. As the lawyer knows the state and the local law and premises of your case, they can help bring down the punishment by a great extent.

5. Defend Your Case If It Goes to Trial

If your case goes to trial, your lawyer will prepare your defense and represent you in the court. You and your attorney can work together to come up with the best defense strategy after evaluating the facts related to your case.

Usually, during a trial, your experienced criminal defense lawyer in Brainerd, MN, will fill out your paperwork, introduce any new evidence on your behalf, submit court applications and requests, and take care of case-related paperwork.

Other important responsibilities include interviewing witnesses, taking their cross on the stand, making opening and closing statements, and jury selection. As the lawyer understands the intricacies involved in a criminal trial, self-representation may not be the best way to defend yourself. 

Conclusion

When it comes to fighting a criminal charge in Minnesota, having an experienced criminal defense lawyer in Brainerd, MN on your side can help you turn the outcome of your case in your favor. But most importantly, your lawyer will make you feel confident enough to not give up. Hopefully, reading about these five benefits will encourage you to take the right step.

Call Our Experienced Criminal Defense Lawyer in Brainerd, MN

Fighting a criminal charge is easier said than done. However, calling an experienced criminal defense lawyer in Brainerd, MN, like Carlson & Sons is the first step towards getting the best possible outcome in your case. Call us on (855) 976-2444 for a free consultation or contact us online to see how we can help.

 

How Long does Divorce take in Brainerd

One of the main questions on the mind of couples contemplating a divorce is how long will the divorce process take. While this is a pertinent consideration, there is no straightforward answer to it.

As experienced Divorce Lawyers in Brainerd, we know that several variables come into play here, which is why the duration of the divorce process can vary. These include the level of cooperation between the spouses, child custody matters, and the complexity of asset and liability division. Resolving all these matters can take a couple of months or even drag on for years.

Factors That Affect the Duration of the Divorce Process

As Minnesota is a “no-fault” state, neither party filing for divorce needs to establish grounds for it. Couples can seek divorce on the basis of “irreconcilable differences.”

The duration of the divorce process depends on several factors such as:

  • The number of children involved
  • The property owned by both spouses
  • The assets and liabilities of both spouses
  • Payment of spousal maintenance and/or child support
  • Cooperation between the spouses

It is important to know that the more antagonistic the spouses are towards each other, the lengthier and more complex the process will be. This factor may not be in your control though. Even if you are being fully cooperative, but your spouse isn’t, the case may drag on for years.

You should also bear in mind that Minnesota laws mandate that at least one of the spouses must have lived in the state for at least 180 days before the divorce process begins. So, if you and your spouse have moved here recently, you will need to wait for the necessary amount of time to initiate the divorce proceedings.

Uncontested Divorce

In an uncontested divorce, both the spouses reach an agreement, and are only required to arrange the necessary paperwork to move the case directly from start to its conclusion. If you have a Minnesota divorce lawyer representing you, they will write up the agreement and take care of all of the documentation necessary to make sure all the legal requirements are fulfilled.

This agreement and the subsequent Judgment and Decree are then sent to the court for approval.

Uncontested divorces don’t take long and can be finalized in as few as 60 days from the day of filing.

Contested Divorce

When the divorcing parties do not agree on all the issues, including spousal maintenance, child custody and support, parenting time, and division of property and debt, their case may go to trial.

A contested divorce begins with one spouse (petitioner) serving a Summons and Petition to the other spouse (respondent). These documents are meant to notify the respondent that the divorce process has been initiated. They also mention what the petitioner is asking for in the divorce. These documents must be personally served to the respondent, who may take 30 days to respond.

Both parties then have a certain period of time to exchange information, which is called discovery. During discovery, the spouses and their attorneys request and review important information, such as financial records. They also identify the issues to be resolved and work towards a settlement.

Before the trial begins, the court typically requires both spouses to explore other methods to resolve their domestic disputes. These methods may include mediation and arbitration. If they don’t work, the court conducts a pre-trial hearing to encourage a settlement. If the case doesn’t settle, it may go to trial for the judge to resolve the disputes.

Working with seasoned Minnesota attorney with experience in courtroom trials can be extremely beneficial in such cases. Such a lawyer will not only advocate effectively for you, but also prevent your divorce case from becoming unnecessarily antagonistic and costly.

Reaching an Agreement Is Vital

As soon as the divorcing couple reaches a mutually-agreeable settlement over all their issues, like spousal maintenance and child support at any point of the proceedings, their lawyers can draft an agreement. This agreement will need to be signed by the judge. It will then become the Judgment and Decree for the divorce.

Usually, the proposed decree is filed by the attorney of one of the parties. The other party and their attorney then reviews it and proposes changes, if required. When all parties have signed the decree, it is submitted to the judge for final approval.

Once the divorce decree is signed by the judge, the courts enter judgment. Both parties are then notified that the divorce proceedings have officially concluded.

Conclusion

It is natural for divorcing spouses to think about how long the divorce process will last once initiated. However, there is no fixed answer to this question. The duration depends of each unique marital situation as several variables have bearings on the divorce’s length. Hopefully, the above information has helped you understand the various factors that impact the tenure of the divorce process.

Hire an Experienced Divorce Lawyer in Brainerd

The divorce process can be physically and emotionally taxing. A well-practiced attorney can make it easier on you by guiding you properly and settling your case as early as possible. Call Carlson & Sons today and discuss you case with our experienced Divorce Lawyer in Brainerd. Get in touch with us at (855) 976-2444 for a free consultation. You can also contact us through our website.

Can you Sue a Personal Trainer for Injury in Brainerd, MN?

Accidents and injuries that occur due to the negligence of another individual can lead to legal repercussions. This includes injuries arising from the negligence of your personal trainer as well. Your trainer owes you a duty of care, i.e. they need to perform professionally and protect your injuries.

However, as experienced Personal Injury lawyers in Brainerd, MN, we want to inform you that not all personal injuries are the result of negligence. Hence, you will be able to sue your personal trainer under specific circumstances only.

Let’s understand this step by step.

I. Common Injuries Filed against Personal Trainers

While you can suffer many types of injuries due to your personal trainer’s negligence, some injures are more commonly sustained than others. These include (but aren’t limited to):

  • Strained muscles
  • Sprained muscles
  • Muscle tears
  • Broken bones/fractures
  • Tendonitis
  • Traumatic brain injuries
  • Spinal cord injuries
  • Never damage
  • Death (from heart attack or other conditions)

II. Examples of Personal Trainer Negligence

  • Let’s take a look at the typical examples of personal trainer negligence. Negligence can be said to have occurred if the personal trainer:
  • Ignored your pre-existing injuries or medical conditions when developing your fitness regimen.
  • Made you exercise for a prolonged period of time.
  • Suggested that you lift more weight than you could physically handle.
  • Did not supervise you properly when you were doing a particular type of exercise or using certain gym equipment.
  • Advised you to perform the wrong types of exercises.
  • Failed to provide remedial guidance when you used an improper procedure on an exercise machine.
  • Did not correct you when you performed an aerobic exercise incorrectly.
  • Recommended certain health supplements that reacted adversely with the supplements or medication you were already taking.

You may be able to file a lawsuit against your personal trainer in any of the above cases. Additionally, depending on the exact circumstances, you might be eligible to receive compensation for covering your medical bills and other related expenses. Make sure to consult a Personal Injury lawyer in Brainerd, MN to get a proper analysis of your case.

III. Compensatory Damages

As mentioned, you can recover compensatory damages to cover all the expenses and losses connected to your injuries. These can include:

  • Medical bills
  • Anticipated medical expenses
  • Loss of income/wages
  • Loss of earning capacity in the future
  • Pain and suffering
  • Loss of enjoyment
  • Loss of consortium

IV. Proving Negligence in Brainerd, MN

Let us now take a look at the elements of negligence in a personal injury claim and see how they apply to a personal trainer.

a.Duty: You need to prove that your personal trainer owed you a duty of care and that this duty was breached. Proving duty of care will legally establish a relationship between you and your personal trainer that creates an obligation in the trainer to maintain certain standards of care.

b.Breach: Breaching the duty of care results in injuries. It also creates liability for the trainer. If your trainer failed to exercise reasonable care with you in any way, and you suffered an injury due to that, it is clear that the trainer had been negligent.

c. Causation: You also need to show cause, where the trainer must be the actual cause of your injury. Proving causation in the context of physical exercise can be difficult. If your trainer rekindled an old ache/soreness that you had never mentioned to them about, proving causation will be even more challenging.

d. Damages: To prove negligence, you need to prove that you suffered an injury, and that it is compensable. If your trainer breached the duty of care he owed you, but you did not suffer any kind of injury or harm, then you cannot file a lawsuit. If, on the other hand, you were injured and incurred medical expenses or lost employment due to it, you can claim compensation.

V. The Statute of Limitations for Personal Injury in Brainerd, MN

The statute of limitations refers to “the maximum time after an event within which legal proceedings may be initiated.” Under Minnesota law, the statute of limitations in a negligence case is usually two years. This deadline applies to cases involving the liability principle of negligence and intentional torts.

This means that if another individual’s reckless or intentional act has resulted in your injury, and you want to bring in a legal claim against them, you have two years (from the date of the accident) to file the paperwork in court.

In such cases, it is best to connect with a personal injury lawyer as soon as possible. The sooner you contact an attorney, the quicker they can start working on your case and procure crucial evidence before it is lost or destroyed.

Conclusion

Depending on the specific facts of your case, you may be able to sue your personal trainer if you suffered an injury due to their negligence. Hopefully, the above information will help you understand the factors that go into making a legal claim. Working with a Personal Injury lawyer in Brainerd, MN will help you better understand the legal elements and process of filing your case. Remember, only a good lawyer can help you make the right legal decisions.

Get Legal Guidance from an Astute Personal Injury Lawyer in Brainerd, MN

Sustaining personal injuries due to the negligence of your personal trainer can mean physical and emotional suffering, not to mention your fitness goals will remain unattained too. Speak to our well-practiced Personal Injury lawyer in Brainerd, MN to see if you have a claim. Call us at (855) 976-2444 to schedule a free consultation. You can also fill out our online contact form with your queries. We will get back to you at the earliest.

 

How to Win a Custody Battle in Buffalo, MN

It is common knowledge that the number of divorces has been climbing steadily over time. According to the latest data released by the Centers for Disease Control and Prevention (CDC), there were 782,038 divorces (45 reporting States and D.C.) in the US, with a divorce rate of 2.9 per 1,000 people in 2018.

However, getting a divorce is an emotionally and financially stressful process, especially when children are involved. In an unamicable divorce, the battle for child custody can often turn into an ugly fight.

In the end, the court will consider what is in the best interest of you children and a few other factors, depending on your case, when awarding custody. So, as one of the most experienced custody lawyers in Buffalo, MN, we often advise our clients to be prepared, irrespective of whether you are a father or a mother.

Here are five tips that can help present your case in the best light and even help you win the custody of your child.

1. Try to Negotiate the Custody

In most divorce cases, you may get a chance to resolve the issue of child custody amicably. Although this isn’t necessarily a part of the legal proceedings, usually experienced custody lawyers in Buffalo, MN, will recommend to you to create a parenting plan through mutual negotiations.

The most significant advantage of this approach is that you can avoid a costly and lengthy custody battle. You will be able to save considerable money and time. Furthermore, your children won’t have to face the mental stress of a custody battle in addition to the divorce. In fact, the cordial parenting environment can help your children overcome the mental stress of your legal separation relatively quickly.

2. Don’t Let Your Emotions Run Wild

Staying calm and collected is perhaps the most critical factor to consider when fighting for your child’s custody. Irrespective of how the opposition behaves, you must keep your emotions under check.

Usually, a judge will take your behavior into account when deciding on child custody. If your behavior strikes as erratic or aggressive, the opposition will use it against you. It may compel the court to rule in your spouse’s favor.

Your spouse will also try their best to establish that they are a good parent. However, in most cases, the judge will be able to detect if the opposition is trying to be someone they are not. That’s why you can’t lose your emotional balance at any cost. So, avoid talking to your spouse if it is likely to cause an emotional outburst.

3. Understand Your Legal Rights First

The next important step is to understand the family law in Minnesota. In a child custody battle, you must understand your legal rights as a parent. While you can do some basic research on your own, make sure to consult experienced custody lawyers in Buffalo, MN.

A skilled lawyer can help you understand your legal rights and how to exercise them. For example, after taking a look at your case, the lawyer will be able to tell you whether joint custody is your best bet, or you can ask for sole custody.

Be honest with your lawyer. Don’t invent stories to put yourself in the best light. It will backfire during the court proceedings, taking away your chance of winning joint custody, let alone sole custody.

4. Perception Always Matters

You may not like it; however, perception is often everything in a custody battle. You must try your best to present yourself as a competent, responsible, and loving parent. A seemingly harmless text message, email, or social media post can be entered into the court proceedings and used against you.

Be careful of who you talk or write to, especially when communicating with your spouse or their friends and family members, and lawyers. It is better to communicate through your attorney as far as possible.

Also, make sure to dress properly and speak politely during your court hearings and meetings. Always be on time for court hearings, visits, meetings, and picking up your kids. Being late can be perceived as irresponsible behavior, which is likely to affect your chances of winning custody.

5. Keep Your Kids’ Wellbeing at the Front-and-Center

The last thing you want to do is to use your kids as pawns or tools to win the custody battle. Any experienced custody lawyers in Buffalo, MN, will advise you against the idea of putting your children in the courtroom or on the witness stand. In fact, you should keep your children out of the courtroom and your divorce proceedings.

You should never vilify your spouse to turn your children against them. Also, never exaggerate the shortcomings of your spouse. You should never talk negatively about your ex at all. What matters in the court proceedings is evidence, not your opinion. So, keep them to yourself.

If your children ask you difficult questions, try to be positive. Any lies you tell your kids will eventually backfire, causing more harm than good to your case. Make sure to share only the facts your kids can handle. You needn’t burden them with the stress of your divorce. Talk to an expert such as a child psychiatrist, if needed.

Conclusion

When children are involved, child custody becomes the most critical aspect of a divorce. In most cases, the court considers what is in the best interest of children when awarding custody rights to parents. However, you do need to talk to an experienced custody lawyer to increase your chances of winning a custody battle. Hopefully, these five tips will help you make an informed decision about your custody battle.

Call the Most Experienced Custody Lawyers in Buffalo, MN.

Going through a divorce is emotionally stressful. As one of the most experienced custody lawyers in Buffalo, MN, Carlson & Jones, P.A. will help present your case in the best light. Depending on the circumstances of your case, our expert lawyers will try their best to increase your chances of winning child custody. Call us on (855) 976-2444 or contact us online to know more about our legal services.

What does Custodial Parent mean in Minnesota

When a couple with children divorces, the matter of child custody also needs to be addresses. It may also be considered in court actions for paternity, domestic abuse, or when a child is being looked after by a third party.

In Minnesota, the state laws govern the child custody process and determine how related decisions are made by the court. The state laws also help determine whether or not joint custody is an option, along with the appointment of the custodial parent.

Legally speaking, the term “custodial parent” refers to the parent who has physical custody of the child/children for the majority of the time. Even if both the parents agree to co-parent, the custodial parent is responsible for most of the aspects of raising the child.

What Is a Custodial Parent in Minnesota?

Minnesota recognizes two types of child custody:

a. Legal custody: Refers to the legal authority to make long-term decisions related to raising the child.

b. Physical custody: Refers to making decisions about the day-to-day activities of the child and where the child lives.

In general terms, the parent with who the child lives with for the majority of the time is the custodial parent. However, not all parents who have sole physical custody of their child are considered custodial parents by the courts.

For instance, if a single mother is raising her child by herself and the father chooses to remain uninvolved, she will still have to file for child custody to be legally considered the custodial parent.

More often than not, custody actions in Minnesota State require the child to live with the custodial parent for a period of at least six months. There are exceptions to this rule though. For example, if the custodial parent is found to be absent or abusive, the child be placed under the care of the other parent immediately.

As well-practiced Child Custody lawyers in Minnesota, we’ve presented below a helpful few tips for custodial parents that will help them understand their legal responsibilities better.

1. Go by the Visitation Schedule

The custodial parent should work out a mutually-agreeable parenting plan with the non-custodial parent and create a suitable visitation schedule. If there is no parenting plan in place, the court may impose a visitation schedule. If the existing visitation schedule needs to be altered in any way, the custodial parent is required to notify the non-custodial parent about it in advance.

2. Record Child Support Payments

If the custodial parent is receiving child support, they should ensure to keep a record of each payment. This proof of payment can be submitted in court if you need to start receiving child support again.

3. Involve the Non-Custodial Parent

In case of joint custody of the child, the custodial parent is required to consult the non-custodial parent on all important matters that affect the child.

Ideally, the child should be around both parents, with each equally involved. Having honest and open communication about handling challenging situations that arise when raising the child can go a long way in creating an effective parenting plan. This will enable the non-custodial parent to be as involved as possible in the child’s life.

4. Prioritize the Child

At the end of the day, everything boils down to what’s in the best interest of the child. This is the main aspect that all family courts consider. It entails doing what is needed to ensure that the child develops into a happy and healthy individual. This means that both parents should place the needs of their child above everything else. Prioritizing the wellbeing of the child ensures that he/she lives in a stable and safe environment.

5. Keep the Non-Custodial Parent Updated about Your Travel Plans

If the custodial parent decides to relocate with the child, they need to discuss it with the non-custodial parent and seek their permission to do so. Further, the non-custodial parent has the right to initiate a change in the child’s custody due to the relocation.

Even if the custodial parent wants to take a vacation with the child, it is mandatory for them to inform the non-custodial parent about their travel plans in advance.

6. Consult the Non-Custodial Parent about Major Expenses

If the non-custodial parent is spending money to cover a part the child care or the child’s medical expenses, the custodial parent should speak to them before making an exorbitant expenditure. It is always preferable that both parents are financially sound. But, if you find that your ex-spouse cannot cover major costs, it doesn’t mean you don’t make the purchase. You can simply delay it for some time.

Becoming the Custodial Parent in Minnesota

To be legally considered the custodial parent of your child, you will need to file for custody in the family court. You can file for custody yourself, a process known as filing pro se.

Alternatively, you may want to get in touch with an astute Minnesota child custody attorney to get the custody process started and develop a strategy that helps achieve your goal.

Conclusion

Being a custodial parent requires a high level of responsibility and maturity. All said and done, it is crucial to always bear the best interest of your child in mind when making decision that pertains to their life. Any court decision will be based on this. Hopefully, the above information will help you understand what it means to be a custodial parent in Minnesota.

Reach out to Child Custody Lawyers in Minnesota to Discuss Your Concerns

Understanding the Minnesota state laws that play a role in determining child custody can leave you confused. At Carlson & Jones, our Minnesota child custody lawyers know how to find a legal middle ground between what you consider best for your child and the applicable state laws. For a free consultation, call us at (855) 976-2444. You can also contact us through our website.

How to File for Divorce in Hutchinson, MN

In Minnesota, divorce is called dissolution of marriage. For married couples, the dissolution results in the severing of the marital relationship, the resolution of custodial disputes, and the division of assets as well as debts.

Divorce cases are conducted in family court. Once the final papers are entered in the court’s records, the marriage can be dissolved or terminated. These final papers are referred to as Judgement and Decree in the legal language.

As experienced divorce lawyers in Hutchinson, MN, we know that the Judgement and Decree include the court’s decision on other legal matters as well. These are related to child custody, child support, visitation, and division of property as well as debts.

Let’s find out how to file for divorce in Hutchinson, MN and the various requirements.

A. What Are the Requirements for Filing for Divorce in Hutchinson, MN?

In order to qualify for divorce, Minnesota law requires the separating couple to mandatorily fulfil certain requirements. These include:

  • At least one spouse must have lived in Minnesota for at least 180 days.
  • The divorce process should be initiated by filing a Summons and a Petition for Dissolution of Marriage.
  • In cases where children are involved and the couple disagrees on custody and visitation matters, they must attend a divorce education class.

B. What Are the Grounds for Divorce in Minnesota?

Minnesota is a no-fault divorce state. This means that divorce can be granted without considering the wrongdoings of either spouse.

Neither party must find grounds for divorce, but seek dissolution on the basis of irreconcilable differences. All you need to prove is that there has been “an irretrievable breakdown of the marriage relationship.”

But, fault may come into play when decisions on alimony and property division need to be taken.

C. How to File for Divorce in Minnesota?

Filing for divorce in Hutchinson, Minnesota involves the following steps:

1. Preparing Forms

The divorce process starts with the proper completion of certain forms. You can avail these forms online from the government website or from the local courthouse or the law library. Your lawyer will assist you in completing the forms. Alternatively, you can check out the videos on the government website to understand how you can do so yourself.

The party that initiates the divorce is called the “petitioner,” whereas the party that receives the divorce papers is the “respondent.” The petitioner needs to have the following documents ready:

  • The Summons and Petition for Dissolution of Marriage.
  • Certification of dissolution.
  • Financial affidavit, if child support issues are involved.
  • Certificate of representation.
  • Any other document as required by local court rules.

If the respondent disagrees with the petitioner’s terms of divorce, he/she must prepare an “answer and verification.”

2. Filing out the Forms

Once the forms are ready, you will have to file them with the court, and send one copy to your spouse and retain one yourself. You can file the documents in the local courthouse in the county where you or your spouse live.

You will have to pay a fee to file your documents. To avoid the fee, you can complete a fee waiver form, which can be obtained from the clerk of the court. This form will be reviewed by the court. If approved, you will not have to pay to file your case documents.

When you submit your documents, the clerk of the court will stamp each form with the date. A file will then be created in court. You will have to send the signed and stamped photocopies of the documents to the respondent as soon as possible. This brings us to the next point.

3. Serving the Documents

Service of process ensures that both parties involved in the divorce know about the goings-on, and have an opportunity to present their side of the story. Hence, it is a crucial step.

If you are planning to serve your spouse with the documents, and he/she has not hired a lawyer, you can send them to his/her most recent home address. If, however, he/she has engaged a lawyer, serve the forms at the lawyer’s office instead.

Special service rules come into effect if you plan to serve your spouse within Minnesota. Under this, you have two options.

  • If the respondent is willing to cooperate, you can mail the documents to him/her, and also provide an acknowledgement of service form for his/her signature. This acknowledgement should then be filed with the court.
  • You also have the option of asking the sheriff or a professional process server to locate your spouse and “personally” serve him/her a copy of the summons and petition. You will then have to file the affidavit of service with the court.

These rules are usually applicable to all cases, unless you are trying to serve someone who may be very hard to locate due to serving in the military, being in jail, or other factors.

D. Which Financial Disclosures Are Necessary?

The petitioner as well as the respondent are required to provide a financial disclosure statement. It details their financial condition, clearly mentioning their assets, debts, income, and expenses. This helps the judge decide on the appropriate child support amount, how the marital property and debt should be divided, and whether or not a spouse should receive alimony.

The financial disclosure should include supporting documents such as income statements, tax returns, and pay stubs. Make sure you provide clear and truthful details when completing this form.

Conclusion

Depending on your unique circumstances, getting a divorce in Hutchinson, MN can be either a straightforward or a convoluted process. A lot depends on the ability and willingness of you and your spouse to reach an agreement on all the matters involved in the divorce. Hopefully, the above information will help you understand the fundamentals of filing for a divorce in the state of Minnesota.

Reach Out to an Experienced Divorce Lawyer in Hutchinson, MN

The final verdict in a divorce case can have a lasting impact on the quality of your life. It is, therefore, crucial to have a qualified and skilled divorce attorney on your side. We understand this and are willing to work diligently to bring you positive outcomes, depending on your case facts. For a free consultation with a practiced Hutchinson divorce attorney, contact Carlson & Jones, P.A. at (855) 976-2444.

 

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Buffalo Lawyers

215 East Highway 55, Suite 201
Buffalo, MN 55313

Toll Free: (877) 344-1555
Phone: (612) 800-8057
Fax: 763-682-3330

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Brainerd Lawyers

17025 Commercial Park Rd, Suite 2
Brainerd, MN 56401

Toll Free: (877) 344-1555
Phone: (218) 736-9429
Fax: 763-682-3330

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Hutchinson Lawyers

114 Main Street North
Hutchinson, MN 55350

Toll Free: (877) 344-1555
Phone: (320) 289-4761
Fax: 763-682-3330

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Minnetonka Lawyers

3911 Ridgedale Dr, Suite 404E
Minnetonka, MN 55305

Toll Free: (877) 344-1555
Phone: (952) 260-9640
Fax: 763-682-3330

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