July 2014 Archives

Helping a child of divorce cope and thrive

Individuals going through a divorce often experience a wide range of emotions and feelings, many of which can be difficult. When a divorcing couple has shared children, each parent must not only attempt to cope and make sense of their own pain, but also that of a shared child. Although it can be challenging to set one's own personal feelings aside, while coping with divorce and all the changes it brings, a child needs the love and support of both parents.

Constitutionality of Minnesota's implied consent law questioned

Details and evidence related to DUI and DWI arrests are critical to both the prosecution's and defense's case. An individual's blood alcohol content level or BAC is of particular importance as is the method by which a BAC was obtained and measured. When it comes to criminal defense, freedoms and privileges afforded to individuals under the Fourth Amendment to the U.S. Constitution are often cited.

Prenuptial agreements: the basics part II

In our last blog post we began discussing some of the reasons why a couple may choose to draft a prenuptial agreement. We also discussed benefits of a prenup from both a financial and interpersonal stance. Once a couple has agreed to draft a prenuptial agreement, it's important to ensure the document contains terms that are agreeable to both parties and that, if necessary, will hold up in court.

Child support reimbursement sought by grandparent

Although it is not uncommon for parents to be held responsible for their minor children's financial issues, Minnesota residents may be surprised at the situation facing a Florida woman. The woman's son was a minor when his daughter was born, and a court order was issued in 2013 in Highlands County requiring her to pay $254 per month in child support for her granddaughter. The order also imposed costs for back support dating to the girl's birth in December 2012. The woman has paid more than $3,000 and does not have access to the child.

Washington politicians show support for legitimizing medical marijuana industry

To date, a total of 23 states and the District of Columbia have passed legislation making the medicinal use of marijuana legal. While each state has specific laws and restrictions related to the sanctioned use of medical marijuana, all have regulations related to who is legally allowed to grow or produce medical pot in its various forms.

Fathers who don't pay child support busted by social media

Flashy Facebook pictures posted by some fathers in Minnesota and around the country are getting them in trouble for nonpayment of child support. According to one single mother in Wisconsin, her 5-year-old daughter's father regularly posts photos of himself holding stacks of cash in his custom car. Meanwhile, the mother has received only one of the monthly $100 payments he is supposed to make for the care of their child.

Retirement funding advice for gray divorcees

For individuals who divorce in their 30s or 40s, matters related to child custody and the division of marital assets such as a home, property and financial accounts often top the list of chief concerns. Individuals in this age bracket still have years ahead of them to work and regain their financial footing and may fall in love and marry again. However, for individuals who are nearing or in retirement and facing divorce, financial considerations are often a much more immediate concern.

Disputes between co-parents common during summer months

After a long nine months of school, homework and hectic schedules; many school-age children look forward to the freedom and fun the summer months afford. For working parents, however, it can be challenging to keep a child stimulated, busy and out of trouble during the summer; leading many to rely more upon a co-parent to also provide a child with supervision and entertainment. As children shuttle back and forth between parents, disputes may erupt.

Police must obtain warrant prior to cellphone search

An estimated 90 percent of U.S. residents own a cellphone. While early cellphone models only allowed users to communicate by calling another individual, today's cellphones serve many more purposes. Today's cellphones allow users to take and store pictures, communicate via social media websites, text and talk to others, store important personal information and complete financial transactions. Given the vast amount of personal information stored on cellphones, it makes sense that police officers routinely search and seize cellphones and rely upon a cellphone’s contents to discover potentially incriminating evidence.

Child support skyrockets for wealthy women

The affluent women of Minnesota and around the country are likely to be court-ordered to pay large child support payments to their exes. If a woman's career means that she earns most of the household income and her relationship ends, a judge may decide the issue of child custody and support. Like actress Halle Berry, the woman may be required to be the major supporter of the couple's children.

Spies like us: how technology is being used in divorces

Most Minneapolis area residents have likely read a book or seen a movie in which spies and their many gadgets are the topic. Most people, however, don't anticipate one day becoming the target of such a spy, much less that the spy will turn out to be a current, estranged or soon-to-be ex-spouse.

Why would a juvenile confess to a crime he or she did not commit?

When an individual who is accused of committing a crime subsequently confesses to committing the crime, it seems likely he or she is guilty. Research indicates, however, this frequently isn’t the case in a large percentage of confessions involving juvenile offenders.

Medical marijuana laws and child custody: a gray legal topic

Recently, Minnesota became the latest state to legalize the use of marijuana for medical purposes. According to an article on MinnPost.com, in order to obtain a prescription for medical marijuana, an individual must be diagnosed with one of nine qualifying conditions. Experts estimate that approximately 5,000 individuals throughout the state will qualify to obtain a medical marijuana prescription and license under current guidelines. That number, however, could significantly increase if additional conditions, including chronic pain, are added to the list of qualifying conditions.

Basketball player involved in paternity dispute

Minnesota sports fans have probably read headlines before about high-earning athletes submitting to paternity tests to try to determine whether they fathered a child out of wedlock. Indiana Pacers player Paul George was determined to be the father of a child through a prenatal paternity test, but the player is contesting the results, saying that he doubts the accuracy of the test. The basketball player recently took another paternity test after the birth of the child on May 1.

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