If Both Parents Share Custody In Minnesota, Does Anyone Have To Pay Child Support?
Child Support is a requirement for nearly every custody arrangement in Minnesota. Child Support cannot be bartered with or dismissed by parents. These payments are not made as a benefit to either parent, but rather they are made as a right of the child involved.
Generally, in 50/50 parenting plans, the parent who earns more money will be the one to pay some amount in child support. However, several factors go into calculating child support payments, and parenting time is one of them.
Because parenting time affects child support calculations, other factors such as who pays for healthcare, housing, and which parent(s) the child lives with will all play into the amount of support ordered.
While many elements in a family’s situation will affect the amount of child support due, it is generally ordered
Can A Parent Refuse To Allow Visitation If Child Support Is Not Paid?
Visitation and child support are not to be used as leverage or “bartering chips” between parents. These issues are separate, and the courts will deal with and make decisions about them as such.
Similarly, if a parent doesn’t pay child support, they will not be able to claim the corresponding tax credit, in addition to other consequences. While the parent who is due child support may take legal action to secure those funds, they are not permitted to refuse parenting time as a form of enforcement.
Do Grandparents Have Custody Or Visitation Rights In Minnesota?
Grandparents may have some visitation rights, though they are naturally different from the rights of a child’s parents or guardians. Grandparents seeking visitation will need to demonstrate to the court that it is in the child’s best interest and show that it will not contradict the rights of either biological parent. It helps if the grandparents relationship does not interfere with the parental relationship.
I’ve Seen Where A Father Doesn’t Want The Maternal Grandparents To See The Children Or Vice Versa, Do They Have The Right To Dictate Them?
There is a right for parents and relatives to enforce boundaries and limit visitation when that can show that it is being done in the child’s best interest. It is important that these limitations are put in place to bolster the ability for parenting time to meet the parent’s goals in raising their child.
There must be significant evidence presented when grandparents are seeking to limit the visitation rights of a child’s parents. The rights of a parent are superior to the rights of a grandparent. Therefore, any action in which a parent’s rights are limited must be in the child’s best interest.
When Would A Guardian Ad Litem Or Child Custody Evaluator Be Used In A Custody Or Visitation Case In Minnesota?
Both a Guardian Ad Litem, a Child Custody Evaluator, or any other Third-Party Neutral can be brought in whenever two parties are in disagreement regarding custody and parenting issues (including issues of finances). These professionals can be trained to handle all custody and financial concerns.
A Guardian ad Litem may write a report on the situation based on interviews with collateral contacts of each party, the parents themselves, and the child. They can provide an invaluable opportunity for children to be heard in court, as children are rarely actually seen in the courtroom. Additionally, these interviews are used to create a family report, providing helpful insight when attempting to settle custody or dispute and parenting issues.
Other Third-Party Neutrals will facilitate collaborative settlement conferences.. In these proceedings, they will provide each side with an opportunity to state their positions, have time for rebuttal, and be asked questions. This is done in an effort to find everyone’s position. After the Third-Party Neutral hears each side, they will suggest a proposal, and provide suggestions for the parties as they move forward.
Generally speaking, there are two “neutral party” types: Guardian Ad Litem and Third-Party Neutrals. Third-Party Neutrals could be mediators, evaluators, Child Custody Evaluators, and more.
Will My Child Ever Need To Appear Or Testify In Court?
Children do not generally testify in court for family law. They may testify in child protection cases, but family law and child protection are two separate areas of law.
Children are typically not called to the stand because they can be easily manipulated. Not only can it be easy to influence a child’s testimony, being called to stand can be quite traumatic for a child. Therefore, the courts do not encourage this practice and only ask children to testify when absolutely necessary.
Will Parents Ever Need To See Any Sort Of Professionals Or Specialists To Determine Who Is A More Fit Parent?
Parents can go through a couple of different processes to affirm their parental capabilities. These processes may include psychological evaluations or drug testing. Typically, it is not necessary to perform any tests or be subject to assessment because parents are assumed to be fit to care for their children unless it can be proven otherwise.
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) 337-8804 today.
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