Category: Post-Decree Motions
When you finalized your divorce, you assumed that your forays into the courtroom environment were over for good. Unfortunately, like many divorcees, you face changed circumstances. Depending on your situation, it may be possible to change aspects of your divorce agreement. Keep reading to learn more about post-decree options in Minnesota:
Most of the time, life within a family is a positive, united experience. Still, as with many aspects of life, some or all family members need to undergo some type of legal process at one point or another. This does not mean that every situation requires a team of Minneapolis family lawyers. There are definitely times when one skilled lawyer can help get a process completed efficiently.
Post-decree motions vary in terms of complexity and the elements necessary to meet the relevant burden of proof: Custody: Must show that a child is either: (1) integrated into non-custodial parent’s home; or (2) custodial parent’s home environment endangers child. Parenting Time: Must show modification of schedule serves best interest of the child. Out of State Move: Must show best interest of the child is served by relocation. Court will examine purpose of move, nature of relationship among non-custodial parent and child, and ability to …
One change that has occurred in Minnesota law in recent years is found in the statute pertaining to relocation out of state with a minor child. Under the old law, the non-moving parent had the burden of proof when it came to explaining to the court why the child shouldn’t be taken out of state. Now, however, it is the moving parent who has burden of proof; they must prove why such a move serves the best interest of the child.