child custody – Chermack Law

What if you can’t reach a divorce agreement?

Posted on July 10, 2018 by Elizabeth Rosar Chermack

In a couple of previous posts, I talked about getting divorced in Minnesota when you and your spouse are in agreement on all terms of your divorce.

If you aren’t able to reach an agreement, then you are likely going to have a contested divorce. That does not mean that you have to be in court forever. It also doesn’t prevent you from eventually reaching a divorce settlement.

The family court system in Minnesota is set up to encourage parties to try to reach an agreement. Parties can file for divorce without being in agreement as to how to resolve the divorce. You will still be given ample opportunity to negotiate a divorce settlement.

For example, at your first court date after filing a contested divorce, you will have an opportunity to opt-in to Early Neutral Evaluation (ENE). If you are not able to reach a settlement at ENE, you may have a pre-trial or a temporary hearing. Eventually, if you and your spouse are not able to reach an agreement on all issues, you may end up going to trial and asking the Judge to decide those contested issues for you.

As an attorney, I do not “churn” my clients’ cases for fees. If a client wants to proceed in a certain manner in their case, I do my best to let them know the possible costs of doing so: both the financial costs and the “real life” costs. Sometimes the only way for a case to resolve is by going to trial; for example, if the opposing party is not being honest, safe, or willing to comprise. However, going to trial is not typically what is best for families. It is expensive, and it leads to animosity and finger-pointing between the parties. When children are involved, it’s important to remember that you will still need to co-parent with this person even after the trial is over and the divorce is final.

As an attorney, I work with my clients to help them settle their cases. If you cannot reach a settlement agreement, though, I am able to represent you at trial.

Elizabeth Rosar Chermack, Attorney at Law, is a Dakota County divorce lawyer. Call (952) 491-0390 or send an email to liz@chermacklaw.com to schedule a consultation with Elizabeth Rosar Chermack, Attorney at Law.

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Changing custody and parenting time when both parents agree

Posted on June 12, 2017 by Elizabeth Rosar Chermack

If both parents agree that changing custody and/or parenting time is in the child’s best interest, then the parents will want to formalize that agreement and submit it to the Court for the Judge to sign and enter as an Order. This formal document is a “Stipulation and Order.”

Sometimes parents might not think it’s necessary to go through that process. They might not think that they need the Court to be involved. They might not want to spend the money to have a document drafted and submitted to the Court.

In my experience, though, it is best to formalize the new agreements and have them approved by the Court. This is because even though the parents might be getting along great right now and they agree to the changes now, if that co-parenting relationship changes and a parent changes their mind, the informal agreements are not an Order and are not enforceable.

In my law practice, I will typically charge a lower flat fee to draft and submit a Stipulation and Order to Modify Custody and/or Parenting time if there is an agreement. Getting your agreements formalized so you have an enforceable order (and remember that enforceable orders typically lead to stability for children which is in their best interest) does not have to be an expensive undertaking.

Elizabeth Rosar Chermack is a Burnsville lawyer, and can represent you in your change of custody and parenting time matter. Call (952) 491-0390 or send an email to liz@chermacklaw.com to schedule a consultation with Liz.

Initial Case Management Conference in Dakota County

Posted on October 10, 2016 by Elizabeth Rosar Chermack

In Dakota County (and many other counties in Minnesota), if you or your spouse have filed for divorce and opened a court file, but you have not yet reached agreement on all issues of your divorce, your first court date will likely be the Initial Case Management Conference (ICMC).

You might be wondering what will happen at the ICMC. For a lot of people, it is their first time ever actually going to court, so it feels scary. Luckily, ICMC is not scary. You (or your attorney) will need to fill out the ICMC Data Sheet ahead of time, and will need to bring it to your ICMC along with any required documents (tax returns, paystubs, etc.).

The main point of ICMC is to learn about different ways that your divorce can proceed. There are 2 different “tracks” by which your divorce can proceed: (1) the traditional litigation track; OR (2) the Early Neutral Evaluation (ENE) process.

Parties are strongly encouraged to participate in the ENE process. During the ENE process, the parties (and their lawyers) meet with an evaluator (or more than one evaluator) to resolve their financial and/or custody and parenting time issues. A large majority of cases settle during or as a result of ENE.

Choosing to participate in ENE instead of initially choosing the traditional litigation track tends to be more cost-effective as well.

Elizabeth Rosar Chermack is a Dakota County Family Law Attorney, and can represent you in your divorce or custody case. Call (952) 491-0390 or send an email to liz@chermacklaw.com to schedule a consultation with her.

How do I change a child custody order?

Posted on January 15, 2015 by Elizabeth Rosar Chermack

In Minnesota, Minnesota Statute Section 518.18 provides the law for changing a child custody order. The easiest way to modify a child custody order is by agreement. In other words, if both parents agree to change custody, it is going to be much easier to get an order from the Court that changes custody.

Many times, though, parties are not in agreement about modifying custody. If that is the case, then you will need to bring a motion to change custody. You have to have a statutory basis for bring your motion. Two examples of a statutory reason to bring a motion to modify custody include: (1) denial of or interference with parenting time; or (2) physical or emotional endangerment to the child. A party also must show that the modification is necessary to serve the best interests of the child.

The process of trying to change a child custody order can be very slow and expensive. Although emergency orders may be issued in some cases, many cases take between six months to a year to be resolved. When you believe your child is endangered, the wait can be agonizing. In some cases, parents may try to contact Child Protective Services in order to report the abuse.

Elizabeth Rosar Chermack is a Minnesota Child Custody Attorney, with an office in Burnsville, and can represent you in your child custody matter. Call (952) 491-0390 or send an email to liz@chermacklaw.com to schedule a consultation with Liz.