CHAPTER 1

A Brief History of Child Custody and Introduction to the Minnesota Child Custody Deskbook

- Gary A. Debele

CHAPTER 2

Psychological Issues and Trends in Custody Cases

Introduction; Optimal Living Arrangements; Appropriate Parenting Standards; Attachment Issues in Divorce and Custody; High Conflict Parenting; The Dilemma of Relocation; Special Populations; New Roles for Psychologists; Conclusion

- Beth Painter Harrington

CHAPTER 3

Bonding and Attachment Issues

Introduction; Definitions; Origins and Types of Attachment; How is Attachment Assessed Across Different Developmental Stages?; What are the Implications of Early Attachment on Later Development?; Why is this Important in the Area of Family Law?

- Sandra K. Hewitt, Ph.D.

CHAPTER 4

Interviewing the Client

The Client Interview; Interviewing Considerations; The First Contact with Your Office; The Initial Interview; Subsequent Meetings; Summing it Up; Appendix A – Client Intake Forms; Appendix B – Client Information Form

- Andrea Niemi

CHAPTER 5

Temporary Proceedings and Motion Practice

Temporary Proceedings; Purposes of Temporary Orders; Discovery; Obtaining an Order for Temporary Relief; Supporting Documents for Temporary Relief Requests; Important Rules Related to Motion Practice; The Hearing; Appeals; Non-Merger Clause; Other Forms; Order for Temporary Relief; Appendix A – Forms

- Elizabeth B. Bryant

CHAPTER 6

Guardians Ad Litem in Custody Cases

Federal and State History of Guardians Ad Litem; Appointment of Guardians Ad Litem in Custody Cases; Responsibilities of the Guardian Ad Litem in Custody Cases; Duties of the Guardian Ad Litem; Roles a Guardian Cannot Take On; Recommendations of the Guardian Ad Litem in Custody Cases; How to Prepare for Court; Special Issues in Custody Cases; Controversial Issues in the Role of the Guardian Ad Litem; National Guidelines for Guardians Ad Litem and Recommended Reading

- Angie Banga

CHAPTER 7

Best Interest Factors

Introduction; Statutory Best Interest Factors – Minnesota Statute Section 518.17; Factors When Joint Custody is Sought – Minnesota Statute Section 518.17, Subdivision 2

- Amy L. Helsene

CHAPTER 8

Preparing, Settling and Trying a Custody Case

Custody Trials: A Necessary Evil; Know Your Judge(s): Judicial Discretion in Custody Matters; Intake and Emergencies: Set the Stage to Avoid Trials – While Protecting Children And Clients; Custody Issues Affected by Other Issues and Vice Versa; Settlement or Trial; Discovery, Private and Public Mediations and Evaluations, and their Effects Upon the Trial; Selection of Evidence/Custody Trial Strategy and Tactics; Know Your Case: Use Trial and Exhibit Books; Post-Decree Evidentiary Hearings and Alternative Trial Formats; Custody Trials, Recession and Attorney Fees

- Honorable Stephen C. Aldrich & Kimberly J. Robinson

CHAPTER 9

Child Custody and Child Support Appeals

Introduction; Appellate Mediation; Motions for New Trial and Motions for Amended Findings; Standard of Review; How to Begin an Appeal – Minnesota Rule of Civil Appellate Procedure 103; Appealable Judgments and Orders – Minnesota Rule of Civil Appellate Procedure 103.03; Time for Taking an Appeal – Minnesota Rule of Civil Appellate Procedure 104; Respondent’s Right to Appeal – Minnesota Rule of Civil Appellate Procedure 106; Motions – Minnesota Rule of Civil Appellate Procedure 127; Motions for Attorneys Fees – Minnesota Rule of Civil Appellate Procedure 139.06; Cost Bond – Minnesota Rule of Civil Appellate Procedure 107; Taxation of Costs and Disbursements on Appeal – Minnesota Rule of Civil Appellate Procedure 139; In Forma Pauperis – Minnesota Rule of Civil Appellate Procedure 109; Stays on Appeal – Minnesota Rule of Civil Appellate Procedure 108; Record on Appeal/Transcripts – Minnesota Rule of Civil Appellate Procedure 110; Briefs – Minnesota Rule of Civil Appellate Procedure 128; Oral Arguments – Minnesota Rule of Civil Appellate Procedure 134.03; Constitutional Questions – Minnesota0 Rule of Civil Appellate Procedure 144; Forms; Helpful Resources

- Jill I. Frieders

CHAPTER 10

Tribal Court Practice and the Indian Child Welfare Act in Minnesota Custody and Child Support Cases

Introduction; Custody and Support Matters in Minnesota’s Tribal Courts; The Indian Child Welfare Act

- Gary A. Debele & Mary Jo B. Hunter

CHAPTER 11

Representing Children

Introduction; Children’s Voices in Family Court; Role of Independent Counsel for Children in Family Court; Differences Between Counsel for Children and Guardians Ad Litem; Types of Family Court Cases Where Children Have The Right to Counsel as a Matter of Law; Types of Cases Where Children May Be Represented by Counsel; Retention or Appointment of Counsel for Children; Ethical Obligations in Representing Children in Family Court; Standards for Representing Children in Family Court; National Trends Regarding Independent Counsel for Children in Family Court; Resources; Appendix A – American Bar Association Section of Family Law Standards of Practice for Lawyers Representing Children in Custody Cases; Appendix B – Forms; Appendix C – Minnesota Rule of Professional Conduct 1.14: Client with Diminished Capacity

- Marian E. Saksena

CHAPTER 12

Third-Party Custody and Alternative Custodial Arrangements

Introduction; United States Supreme Court Jurisprudence; Minnesota Developments; Minnesota Statutes Chapter 257C; Juvenile Court Proceedings; Practice Issues; Appendix A – Summary of Major Minnesota Appellate Court Decisions Regarding Third-Party Custody; Appendix B – Sample Forms

- Gary A. Debele

CHAPTER 13

Management of a High-Conflict Custody Matter

Introduction; Recognizing the High-Conflict Custody Case; Legal Representation in the High-Conflict Matter; Minnesota Rules of Professional Conduct; Special Concerns in High-Conflict Custody Matters

- Nancy Zalusky Berg

CHAPTER 14

Custody Modification and Relocation in Minnesota

The Statute on Modification; Affidavit Practice; Time Limitations on Modification of Custody; Endangerment; Integration; Unwarranted Denial or Interference with Parenting Time; Change in Circumstances; Best Interests of the Child; The Balance of Harm; Custody Modification Involving Older Teenagers; Minnesota Law on Removal

- John M. Jerabek

CHAPTER 15

Child Support Issues

Introduction; Minnesota Child Support Guidelines Definitions; Child Support Calculations; Modificaiton of Child Support – Minnesota Statutes Section 518A.39; The Purpose of the IV-D Program; Reciept of Public Assistance; Enforcement of Child Support; Tax Exemption; Uniform Interstate Family Support Act (UIFSA) – Minnesota Statute Chapter 518C; Expedited Process; Appeal; Emancipation; Overpayment of Child Support; Bankruptcy; Court Forms

- Theresa Farrell-Strauss

CHAPTER 16

Medical Support

Introduction; Treatment of Medical Support

- Catherine T. Fridgen

CHAPTER 17

Paternity Issues and Trends

Introduction; Judicial Determination of the Parent-Child Relationship; Voluntary Acknowledgement of Paternity; Assisted Reproductive Technologies; Putative Father’s Adoption Registry; Appendix A – When an Action May be Brought

- Dana K. McKenzie & Mark J. Ponsolle

CHAPTER 18

Child Custody and Parenting Plan Evaluations

Introduction; The Custody Evaluator; Ethics of the Evaluator; Beginning the Process of a Custody Evaluation; Gathering Information from the Parties; Gathering Information from Collaterals; Gathering Information About and from Children; Interpreting and Reporting the Information; Social Early Neutral Evaluation; Brief Focused Evaluations; Parenting Plans; Preparing Your Client for a Custody Evaluation; Thirteen Best Interest Factors

- Susan De Vries, MA, LP

CHAPTER 19

ADR and Custody Cases

General Categories of ADR Processes; ADR Processes Commonly Used for Custody-Parenting; Mandatory and Voluntary Use of ADR; Confidentiality; Assessing Client Process Capacity; The Neutral; Process Adaptation for Domestic Abuse and Other Special Circumstances

- Deborah N. Dewalt

CHAPTER 20

Gay, Lesbian, Bi-Sexual and Transgender Issues

Introduction; Definitions; Marriage; Custody/Parenting Time; Child Support; UCCJEA and Civil Unions; Best Interest of Child Versus Legal Status of “Parent”; Creating GLBT Families; Protecting GLBT Families; Resources

- Suzanne Born

CHAPTER 21

Interstate and International Jurisdiction and Custody Issues

Introduction; Interstate Child Custody and Parenting Time Jurisdiction; Interstate Enforcement Mechanisms; International Child Custody Jurisdiction and Enforcement

- Valerie D. Arnold

CHAPTER 22

Child Abuse Allegations in Custody Cases

Introduction; Definitions and Procedural Rules; Neutral Evaluations to Assess the Status of the Child as Informative to the Court’s Decisions; Therapeutic Management of Sexual Abuse Cases; Practice Pointers

- Gary A. Debele & Sandra K. Hewitt, Ph.D.

CHAPTER 23

Custody Labels and Parenting Plans: Requirements, Consequences and Options

Introduction; Custody/Parenting Labels and Residential Restrictions: Definitions and Legal Consequences; Impact of Labels on Parties and Children; Parenting Time Schedules: Legal Requirements and Consequences; Parenting Time Schedules: Developmental and Other Practical Considerations; Parenting Plans: Legal Requirements; Parenting Plans: A Framework for Successful Co-Parenting; Conclusion

- Michael D. Dittberner, Esq. & Mindy F. Mitnick, LP

CHAPTER 24

Adoption and Assisted Reproductive Technology Law: Creating Families by Traditional and Non-Traditional Means

Introduction; Adoption; Minnesota Law and Becoming a Parent Via Assisted Reproductive Technology (ART); Appendix A – Sample Adoption Petitions; Appendix B – Adult Adoptee Consent Form; Appendix C – Waiver of Relative Placement Affidavit; Appendix D – Birth Parent’s Rights and Responsibilities; Appendix E – Affidavit and Questionnaire as to American Indian Heritage; Appendix F – Waiver of Risk; Appendix G – Sample Findings of Fact, Conclusions of Law and Order for Judgment; Appendix H – Outline for Final Adoption Hearing; Appendix I – Resources; Appendix J – ART Contract Checklist; Appendix K – Physician’s Affidavit; Appendix L – Internet Resources

- Jody Ollyver DeSmidt

Statute and Case Index

Subject Index