What Generally Are The Steps That Happen If You Do Want To Have The Other Parent Evaluated For Such?
The accusations that a parent is unfit to care for their child typically stem from problems with alcohol or other substances. People with these issues will commonly have a history of DUI or other related incidents which are pointed to in order to validate the claim. This evidence can make these claims easy to establish and difficult to deny that a person has some substance abuse issue.
Once an issue with substance abuse is established, the courts will accept or institute options that seek to ensure that parents can see their kids. These court-ordered rules will give parents opportunities for time with their children when they’re not using, and the other parent can be confident that their child is not being watched by someone who is under the influence.
These court-ordered options may include drug programs and random drug testing. An “opposing” parent can also order these tests. Drug testing can burden the parent who is being randomly tested. However, the parent being tested is not responsible for paying for these tests, and after a consistent period of test-passing, they may cease to be necessary.
There are other options to ensure that kids are safe with parents who have a history of usage. For example, breathalyzer tests may be required before or after parenting time. The results of these will be sent to the “opposing” parent. Including the Breathalyzer and randomized testing, there are many different ways to ensure a parent’s sobriety.
These efforts may be costly and burdensome, but they are important tools when seeking to ensure a child’s safety and protect a parent’s ability to be in their child’s life.
What Are Some Of The Reasons You See It Can Be More Challenging For The Stay-At-Home Parent To Initiate A Divorce?
The top reason a stay-at-home parent may be unable to initiate divorce is the lack of funds needed to begin the process. Unfortunately, many stay-at-home parents are not independently financially stable, and hiring an attorney can be challenging. However, in difficult circumstances, there are still options. Stay-at-home parents should consider contacting attorneys with flexible payment options or borrowing money from a family member or loved one.
My Spouse Wants A Divorce And I’m The Stay-At-Home Parent. My Working Spouse Controls All Of The Finances. How Do I Ensure I’ll Be Able To Afford Or Have Access To Funds To Hire A Qualified Divorce Attorney?
If the spouse of a stay-at-home parent has a significantly larger income and files for divorce, provisions in Minnesota statutes require the initiating party to pay the stay-at-home parent’s attorney’s fees.
There are two ways that attorney’s fees may be covered in these situations. One may be applicable if a party creates or contributes to a situation that prolongs the divorce case. The other may be applicable if the parties have unequal incomes that contribute unfairly to the status of a divorce.
Is The Working Spouse Required To Pay Attorney Fees For A Non-Working Parent In A Divorce?
A working spouse is not necessarily required to pay a non-working spouse’s attorney’s fees. This is especially true if the request for attorney’s fee is made incorrectly, if there’s no request for attorney’s fees, or if there are no assets to cover those fees.
As A Stay-At-Home Parent Who Is Now Facing Divorce, Will I Receive A Fair Division Of Assets And Financial Support For Myself And My Children Even If I Didn’t Financially Contribute To Our Income?
The division of assets and financial support available in any divorce depends on the other spouse’s ability. If the other spouse doesn’t have any extra financial assets after or during the divorce, there is nowhere for financial support to come from.
If the working spouse has money and a non-working spouse has a significant need for support related to their health, job training, or other disabilities/handicaps, they may get support. In any case, support is based on the working spouse’s ability to pay, but not all spouses have the financial means to make support payments.
Is A Stay-At-Home Parent Automatically Favored In Custody Arrangements In A Divorce? Is The Parent Who Works Outside Of The Home At A Disadvantage When It Comes To Custody Matters?
Neither parent is necessarily favored when arranging custody in a divorce. In fact, every fit parent is presumed to have at least 25% custody, if not 50%.
There may be more opportunities for a stay-at-home parent to care for their child, including dropping off and picking up from school, coordinating and overseeing COVID-related or other homeschooling needs, etc. However, this is not a de facto “advantage” when forming custody arrangements.
In any case, custody arrangements are made by showing the facts specific to each family.
For more information on Family Law In Minnesota, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (651) 796-3400 today.
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