Probate Attorney MN

Minnesota Estate PlanningWhen a loved one dies, you and your family members have many emotions to process and many logical issues to manage.  Whether the death was sudden or after a prolonged illness, it can be an extremely overwhelming time.  Legal questions often arise very quickly about the individual’s estate and whether a probate is necessary.  Partnering with a probate attorney can be extremely helpful during this difficult time. If you live in the Minnesota area, turn to the team at Kallemeyn & Kallemeyn for assistance with all aspects of probate law and estate management.  With more than 20 years handling probate matters, Charles Kallemeyn can simplify the process and guide you and your family through the probate. Read Full Post

Anoka Attorney adds Overnights to Child Custody Issues

For a long time, child development specialists have disagreed on the role and place for overnights for non-custodial parents for children under the age of 4.  Some have raised true concerns about the ability of a young child to bond when he or she has two homes instead of one.  Now, a soon-to-be released article, tentatively titled: Social Science and Parenting Plans for Young Children: A Consensus Report By Richard A. Warshak University of Texas Southwestern Medical Center   This study appears to assume an absence of studies demonstrating any risks of overnight parenting time but does make a valid point about the ‘vulnerability’ of the father-child relationship if the father is not a significant factor in the child’s life at an early age.   While the latter is an interesting and very good point, I have difficulty with the statement that there are no such studies.  There are a couple of seminal studies, including those done by Jen McIntosh in Australia, that a child’s sense of security is clearly affected and that they behave differently if being bounced from home to home.  Instead of blindly deciding that all three year olds would benefit from an equal overnight parenting time, it may be better to look closely at each child-and at each case and determine how the child reacts to such a situation.   Likewise, instead of blindly assuming that no 12 month old should spend overnights away from home, it will be better to look at the relationship between the parents, the father’s level of commitment, and the child’s overall adjustment to the separation.  There is no one-size-fits-all.  This is...

New Technology in possibly to be used Anoka and Minneapolis Schools may figure in future Custody Cases

School districts in the Minneapolis and Anoka areas are considering purchasing software from Tenorshare.com that would restore lost, deleted, or damaged photos, texts, etc from an ios or Android device.  While it is being marketed as a ‘restore’ mechanism whereby a school could restore iPad data from a school-owned device if the device is damaged, it is essentially the same type of software used by the FBI and government investigators for searching hard drives for evidence. Very old messages and photos re-appeared when this restore software was used on iPhones, and it is available for Android devices as well.  This means, as we attorneys have long suspected, that all digital activity becomes an imbedded footprint and is never truly “deleted”.   Now this deleted information is available for recovery at a relatively low price. As a family law attorney, I know that this sort of information can be very useful, and I know of cases where one parent has ‘restored’ another parent’s iPhone to find texts that are compromising.  Those texts were then used against the compromised parent in a hearing to establish custody and parenting time.  I mention this to my clients...

An Artist with Minnesota Ties Speaks to Young Adults About their Parents’ Separation

A relatively new book, titled Broken Circle- Children of Divorce and Separation, by Karen Klein, who graduated from the University of Minnesota with a Master’s Degree in Fine Arts, has written and provided the photographs for young adults who talk about their experience with their parents’ divorce/separation.  The link to its purchase can be found at //www.amazon.com/Broken-Circle-Children-Divorce-Separation/dp/1492892254/ref=sr_1_1?s=books&ie=UTF8&qid=1389884855&sr=1-1&keywords=broken+circle+children+of+divorce+and+separation.  The book is beautifully photographed and lets the young adults speak in their own words about their experiences. This book does not have an agenda of disrespecting separating parents, but rather gives many perspectives from young adults about growing up with separating/separated parents.  Some view the separation as good, others do not.  In any event, it is a good reminder to parents that their actions impact their children’s lives far beyond preteen and adolescent years. This is a good book for family law attorneys to review and for mediators to consider having around so that parents can gain this perspective.  Mediation works much better if parents’ goals are aligned to lessen the negative impact of their separation on their...

Divorce and Artificial Fertilization Issues in Minnesota

Coon Rapids Divorce Attorney Explains Minnesota has a law, found at Minnesota Statutes Section 257.56, which addresses what happens when a married couple uses artificial insemination in order to produce a child. This, however, is only one method of technology-enhanced child bearing techniques available, and the legislature has not yet enacted any other laws dealing with other forms of reproductive technology. Most of the time, the parents who use these techniques, including surrogacy, never encounter significant problems with donors or surrogates, and the Courts only get involved when parents cannot resolve their issues.  So far, Minnesota appellate Courts have only had to address surrogacy issues twice.  The most recent case, which is unpublished, A. L. S., by guardian ad litem, J. P., Plaintiff, v. E. A. G., defendant/plaintiff, Appellant, v. R. W. S., et al., Respondents, can be found in A10-443 at the Court of Appeals website at //www.mncourts.gov/?page=433 . Generally, properly executed contracts will be upheld, even in the absence of legislation governing surrogacy arrangements.  The key is finding an experienced attorney to help draft this contract.  I have to recommend a highly experienced colleague, Suzanne Born, at //www.adoptionlawyermn.com . There was a case in a different jurisdiction, where individuals tried ‘self help’ in order to conceive a child.  This was covered in //www.abajournal.com/news/article/man_who_responded_to_craigslist_ad_for_a_sperm_donor_is_a_dad_must_pay_chil/ The title of the article says it all.  Just like most folks probably shouldn’t attempt to fill their own cavities or diagnose cancer because of the consequences, selling one’s sperm off Craig’s List may lead to unintended...
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