CHAPTER 1
History and Introduction 
Introduction; A Brief History of Family Law and Child Custody; About This 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 Family Court Professionals; The Best Interest Factors; When the Unprecedented Occurs – COVID-19 Pandemic; Conclusion; Appendix A - References
– Beth Painter Harrington, Ph.D., LP

CHAPTER 3
Bonding, Attachment, and Parent-Child Relationship Issues
Introduction; Definitions; Origins and Individual Differences in Attachment; Implications of Early Attachment Experience for Later Development; Attachment Assessment Across Development; Applications of Attachment Theory and Research to Family Law; Summary
– Dr. Elizabeth Carlson

CHAPTER 4
Interviewing the Client
Importance of the Client Interview; Interviewing Considerations; The First Contact with the Attorney’s Office; The Initial Meeting; Following Up; Appendix A – Client Intake Form; Appendix B – Client Information Form; Appendix C – Non-Representation Letter
– Jade K. Johnson

CHAPTER 5
Temporary Proceedings and Motion Practice
Introduction; 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 – Form 5.4A – Notice of Motion and Motion for Temporary Relief; Appendix B – Form 5.4B – Parenting/Financial Disclosure Statement; Appendix C – Form 5.4B.1 – Confidential Financial Source Document; Appendix D – Form 5.4C – Certificate of Settlement Efforts; Appendix E – Form 5.4D – Order and Stipulation for Order; Appendix F – Form 5.4E – Signature Page for Order for Temporary Relief or Other Order Recommended by Referee; Appendix G – Form 5.4F – Order; Appendix H – Form 5.4G – Stipulation for Temporary Relief; Appendix I – Form 5.4H – Affidavit of Attorney Regarding Fees; Appendix  J – Form 5.9A – Affidavit in Support of Order to Show Cause/Order for Interim Support; Appendix K – Form 5.9B – Order to Show Cause and Temporary Restraining Order; Appendix L – Form 5.9C – Notice of Motion and Motion for Change of Venue (or in the Alternative, Temporary Relief); Appendix M – Form 5.9D – Notice of Motion and Motion for Oral Testimony and Hearing in Excess of One-Half Hour; Appendix N – Form 5.9E – Notice to Medical Insurance Provider; Appendix O – Form 5.9F – Notice to Remove; Appendix  P – Form 5.9G – Objection to Referees; Appendix Q – Form 5.9H – Order and Stipulation for Order Appointing Parenting Consultant; Appendix R – Form 5.9I – Order Appointing Guardian ad Litem
– Elizabeth A. Beach

CHAPTER 6
Guardians Ad Litem in Custody Cases
History of Guardians Ad Litem in Minnesota; Appointment of Guardians Ad Litem in Family Court Cases; Responsibilities of the Guardian Ad Litem in Family Court; Duties of the Guardian Ad Litem; Roles a Guardian Ad Litem Cannot Take On; Recommendations of the Guardian Ad Litem in Family Court Cases; How to Prepare for Court; Special Issues in Family Court Cases; Controversial Issues in the Role of the Guardian Ad Litem; National Guidelines for Guardians Ad Litem
– Laura Miles

CHAPTER 7
Best Interest Factors
Introduction; Statutory Best Interest Factors – Minn. Stat. § 518.17
– Amy L. Helsene

CHAPTER 8
Preparing, Settling, and Trying a Custody Case
Custody Trials: A Necessary Evil; Commencing A Custody Matter: Could There Be a Trial and Who Will be the Decision Maker?; Early Case Management; Making the Best Use of Discovery Tools; Effective Use of Custody Evaluations and Handling Adverse Evaluations; Preparing for Trial: The Theme, Evidence, and Witnesses; Know the Case: Use Trial and Exhibit Notebooks; The Big Day: Trial; Appendix A – Considerations for Supervised Parenting Time; Appendix B – Exhibit List; Appendix C – Witness List
– Kimberly J. Robinson & Hon. James J. Street (ret.)  

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; Electronic Filing; 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 Attorney’s Fees – Minnesota Rule of Civil Appellate Procedure 139.06; Cost Bond – Minnesota Rule of Civil Appellate Procedure 107; Handling of Confidential Portions of the Appellate Record; 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 – Minnesota Rule of Civil Appellate Procedure 144; Special Rules of Practice for the Minnesota Court of Appeals; Appendices and Forms; Helpful Resources; Appendix A  - Standards of Review for Specific Case Types; Appendix B – Form 103A: Notice of Appeal (Court of Appeals); Appendix C – Form 103C: Notice of Related Appeal (Court of Appeals); Appendix D – Form 110A: Certificate as to Transcript; Appendix E – Form 110B: Certificate of Filing and Delivery; Appendix F – Form 128: Appellant’s Formal Brief and Appendix; Appendix G – Form 132: Certification of Brief Length; Appendix H – Form 133: Statement of the Case; Appendix I – Form 139: Taxation of Costs and Disbursement
– Sonja C. Larson & David C. Gapen

CHAPTER 10
Tribal Court Practices, ICWA, and MIFPA 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 & Jody M. Alholinna

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; Conclusion; Appendix A – American Bar Association Section of Family Law: Standards of Practice for Lawyers Representing Children in Custody Cases; Appendix B – Child Representation Appointment Order; 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 High-Conflict Custody Issues
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; Appendix A – Annotated Sample Form: Stipulation and Order to Appoint Parenting Consultant
– Nancy Zalusky Berg

CHAPTER 14
Custody Modification and Relocation in Minnesota
Introduction; 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; Relocation During Dissolution Proceedings
– Theresa Bea & Ruta Johnsen

CHAPTER 15
Child Support
Introduction; Minnesota Child Support Guidelines Definitions; Child Support Calculations; Modification of Child Support: Minnesota Statutes Section 518A.39; Expungement of Criminal Record/Barriers to Employment; Life Insurance to Benefit Children: Minnesota Statutes Sections 518A.39, Subdivision 4 and 518A.71; Six-Month Review Hearing: Minnesota Statutes Section 518.1781; The Purpose of the IV-D Program; Receipt of Public Assistance; Enforcement of Child Support; Tax Exemption; Uniform Interstate Family Support Act: Minnesota Statutes Chapter 518C; Supreme Court Rules; Appeal; Emancipation; Overpayment of Child Support; Bankruptcy: U.S.C. Title 11; Court Forms and Filliping Fees; Tribal Court; Appendix A – Form FAM301 (Effective Aug. 1, 2016)
– Rebecca Morrisette

CHAPTER 16
Medical Support
Introduction; Treatment of Medical Support
– Alex Gonzalez-Mazurek

CHAPTER 17
Paternity Issues and Trends
Introduction; Judicial Determination of the Parent-Child Relationship; Voluntary Acknowledgement of Paternity; Assisted Reproductive Technologies; Custody of Embryos; Putative Father’s Adoption Registry; Appendix A – When an Action to Determine the Existence or Non-Existence of a Parent-Child Relationship May be Brought
– Dana McKenzie & Autumn L. Nelson

CHAPTER 18
Parenting Plan Evaluations
Introduction; The Evaluator; Ethics of the Evaluator; Overview of the Parenting Plan Evaluation; Best Interest Factors; Preparing the Client for a Parenting Plan Evaluation;  Alternative Tools and Processes; Brief Focused Evaluations; Parenting Plans; Considerations for Resist-Refuse Dynamics in Parenting Plan Evaluations
– Jennifer E. Joseph

CHAPTER 19
Alternative Dispute Resolution
Introduction; 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 Adaptations for Domestic Abuse and Other Special Circumstances; Appendix A -  Comparison of Commonly Used Custody ADR
– Sonja Nyberg & Bethany Hurd

CHAPTER 20
Legal Recognition of Queer Families
Introduction; Queer Competency: Working with Queer Families in Child Custody Cases; Determining Legal Parentage; Custody, Parenting Time, and Child Support After Separation; Conclusion; Resources; Appendix A – Parentage Presumptions Flow Chart
– Mary Pat Byrn & Elizabeth E.  Due

CHAPTER 21
Interstate and International Jurisdiction
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 of Child Abuse; Responding to Child Abuse Allegations; Child Abuse Allegations in Juvenile Court Proceedings; Impact of Child Abuse Allegations on Family Court Proceedings; Neutral Evaluations to Assess the Status of the Child as Informative to the Court’s Decision; Therapeutic Management of Sexual Abuse Cases; Practice Pointers
– Mallory K. Stoll

CHAPTER 23
Custody Labels and Parenting Plans: Requirements, Consequences, and Options
Introduction; Custody/Parenting Labels and Residential Restrictions: Definitions, Legal Consequences, and the Impact of Labels on Parents and Children; Parenting-Time Schedules and Parenting Plans: Legal Requirements, Legal Consequences, and Developmental and Other Practical Considerations; Child-Inclusive Mediation: An Effective Method for Hearing from Children; Resist-Refuse Dynamics; Conclusion; Appendix A – Considerations for Determining Post-Separation Overnight Care of Children Aged 0-3 Years; Appendix B – Sample Findings and Conclusions of Law on Parenting Time
– Michael D. Dittberner & Mindy F. Mitnick, LP

CHAPTER 24
Adoption and ART 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 – Affidavit and Questionnaire as to American Indian Heritage; Appendix E – Waiver of Risk; Appendix F – Sample Findings of Fact, Conclusions of Law, Order for Judgment, and Judgment and Decree of Adoption; Appendix G – Outline for Final Adoption Hearing; Appendix H – Resources; Appendix I – Sample ART Contract Checklist; Appendix J – Physician’s Affidavit; Appendix K – Internet Resources
– Jody O. DeSmidt

CHAPTER 25
Domestic Violence in Custody Cases
Introduction; Definition of Domestic Violence; Domestic Violence Screening; Impact of Domestic Violence on Victims and Children; Trauma Informed Interview Techniques; How Domestic Violence Impacts Determinations of Custody and Parenting Time in Family Law Cases; How Domestic Violence Impacts Determinations of Custody and Parenting Time in Order for Protection Cases; Advocacy; Safety Planning; Appendix A – Client Screening to Identify Domestic Violence Victimization; Appendix B – Domestic Violence Risk Assessment Bench Guide
– Rana S. Alexander & Bethany A. Assell

Table of Authorities
Subject Index

• Client Intake Form 
• Client Information Form
• Non-Representation Letter
• Notice of Motion and Motion for Temporary Relief 
• Parenting/Financial Disclosure Statement 
• Confidential Financial Source Document 
• Certificate of Settlement Efforts
• Order and Stipulation for Order 
• Signature Page for Order for Temporary Relief or Other Order Recommended by Referee 
• Order 
• Stipulation for Temporary Relief 
• Affidavit of Attorney Regarding Fees 
• Affidavit in Support of Order to Show Cause/Order for Interim Support 
• Order to Show Cause and Temporary Restraining Order 
• Notice of Motion and Motion for Change of Venue (or in the Alternative, Temporary Relief) 
• Notice of Motion and Motion for Oral Testimony and Hearing in Excess of One-Half Hour 
• Notice to Medical Insurance Provider 
• Notice to Remove 
• Objection to Referees
• Order and Stipulation for Order Appointing Parenting Consultant 
• Order Appointing Guardian ad Litem
• Considerations for Supervised Parenting Time
  
• Exhibit List
• Witness List
• Notice of Appeal (Court of Appeals) 
• Notice of Related Appeal (Court of Appeals)
• Certificate as to Transcript 
• Certificate of Filing and Delivery
• Appellant’s Formal Brief and Appendix 
• Certification of Brief Length 
• Statement of the Case
• Taxation of Costs and Disbursement
• Summons
• Petition for Third-Party Custody
• Notice of Motion and Motion for Temporary Third-Party Custody
• Affidavit Regarding Default, Nonmilitary Status, and Request for Relief
• Affidavit in Support of Third-Party Custody
• Findings of Fact and Conclusions of Law Regarding Custody and Child Support
• Annotated Sample Form: Stipulation and Order to Appoint Parenting Consultant
• Form FAM301
• Sample Findings and Conclusions of Law on Parenting Time
• Sample Adoption Petitions
• Adult Adoptee Consent Form
• Waiver of Relative Placement Affidavit 
• Affidavit and Questionnaire as to American Indian Heritage 
• Waiver of Risk 
• Sample Findings of Fact, Conclusions of Law, Order for Judgment, and Judgment and Decree of Adoption 
• Outline for Final Adoption Hearing
• ART Contract Checklist 
• Physician’s Affidavit
• Client Screening to Identify Domestic Violence Victimization
• Domestic Violence Risk Assessment Bench Guide

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