Law Office of Barbara J. Gislason

What should co-parents know about summer custody?

2026-04-30T17:57:53Z

The summer months are a time that children often look forward to because it means a break from school. They get to enjoy warmer days and mostly nice weather. But, this is also a time that can be challenging for parents, particularly if they’re not in a relationship with each other anymore. Co-parenting is often a challenge during summer months because of significant schedule changes. Take, for example, vacations. Both parents may want to take the children on vacation, so they have to be planned carefully. These tips may help to make this situation easier.

Check the parenting time schedule

Looking at your parenting time schedule is one of the first things that you should do as you’re making summer plans. This gives you a chance to find dates that will work for your vacation. You and your ex will have to communicate about these dates to ensure that the vacations don’t overlap. In some cases, vacation time may trump the normal parenting time schedule, so that must be considered.

Evaluate travel requirements

When you decide on a destination, you should find out if you can take the children there. Some parenting plans have geographical restrictions, which can limit where you can go without permission from the other parent or the court. If you plan to travel internationally, you’ll need to have permission from the other parent to get a passport for your children, and you may need a notarized affidavit for entry into other countries.

Determine communication methods

Your children will likely want to speak to their other parent while they’re on vacation. Having a plan for this ahead of time will ensure everyone is on the same page. It’s a good idea to think about taking pictures for them to share with their other parent, as well as possibly helping them to get souvenirs to share. Ultimately, your parenting plan is the starting point for all summer vacation plans. Should your parenting plan need to be modified, know that speaking with a skilled legal team about your needs is always an option.

Divorce in the Twin Cities: What about your retirement?

2026-01-16T04:33:12Z

Trying to determine what will happen to a couple’s retirement savings can be one of the most anxiety-inducing aspects of the divorce process. Accounts including 401(k)s, pensions, IRAs and other retirement plans are often among the most valuable assets a couple owns. Understanding how these accounts are treated during divorce can help each spouse to make more informed choices about their rights and options accordingly. In Minnesota, retirement accounts earned during the course of a couple’s marriage are generally considered marital property, regardless of whose name is on each specific account. This means that contributions made and benefits accrued during the marriage are typically subject to division. Contributions made before the marriage may be treated as separate property, but only if they can be clearly documented and traced. Growth on those pre-marital funds can also become a point of dispute if the records are unclear.

The details on what needs to happen with retirement accounts

The value of 401(k) plans and pensions is commonly divided using a Qualified Domestic Relations Order, often called a QDRO. This is a court-approved order that instructs a plan administrator on how to divide the account without triggering taxes or early withdrawal penalties. Without a properly drafted QDRO, a spouse who receives retirement funds may face unexpected tax consequences and/or difficulty accessing their share. Pensions can be more complex than defined-contribution plans. Some pensions pay a monthly benefit in the future rather than holding a current balance. In these cases, courts may divide the future benefit so that each spouse receives a portion when payments begin. The timing of retirement, survivor benefits and cost-of-living adjustments can all be consequential, and should be addressed carefully in a divorce settlement as a result. IRAs and other retirement accounts are also generally divisible, but they follow different rules than employer-sponsored plans. Transfers must be handled correctly to avoid tax penalties, and mistakes can be costly. Simply withdrawing funds to “even things out” is rarely a good solution, given how complex these accounts can be. Dividing retirement accounts is not just about fairness today. It is about ensuring both spouses can maintain financial stability later in life. A settlement that looks balanced on paper may leave one spouse at a disadvantage if tax treatment, liquidity or future income streams are not considered. As a result, seeking personalized legal guidance as soon as possible after a decision to divorce has been made is generally wise.

How social media can impact your divorce case in Minnesota

2025-11-06T15:29:03Z

What you post online can directly impact your divorce case. In Minnesota, courts often use social media posts, photos and messages as evidence if they are real and relevant to the case.

Child custody and parenting time

Judges focus on the child’s best interests. Posts suggesting poor judgment or instability may raise concerns about parenting fitness. Examples include:

Risky behavior: Photos of heavy drinking or staying out late when you’re supposed to have the kids.
Negative comments: Posts that insult your ex or share private family matters.

Even one bad post can make the court question your ability to co-parent.

Spousal support and asset division

Courts often look to social media when assessing financial claims. Posts that contradict what you’ve reported can undermine your credibility. Key problem areas include:

Mixed messages: Posting about expensive trips or luxury items while claiming you can’t afford bills.
Hidden income: Showing off a side business or high spending that you didn’t report.

These kinds of posts can lead the court to dig deeper into your finances.

Credibility and conduct

Your credibility is central to every issue in divorce proceedings. Inconsistent statements or posts that conflict with sworn testimony can damage your reliability in the eyes of the court. Under Minnesota Statutes § 518.005, the rules of evidence apply to divorce proceedings which means authenticated social media content can be admitted as proof of behavior, intent or dishonesty.

Protecting your case in the digital age

Managing your social media use wisely can prevent unnecessary damage to your case. You can limit potential harm from social media with a few practical steps:

Take a break from social media: The safest option is to stay offline until your divorce is final.
Check privacy settings: Make accounts private but remember that screenshots can still be shared.
Tell friends and family: Ask them not to post or tag you in anything about your divorce.
Don’t delete old posts: Removing posts can look like you’re hiding evidence. Talk to your lawyer first.
Think before you post: Avoid emotional, angry or flashy posts that could be misread in court.

Each small step can help protect your reputation and strengthen your case.

What you can do next

Divorce cases today require both legal strategy and careful online behavior. Talk to your lawyer about your social media use and any posts or messages that might cause issues. An experienced Minnesota divorce attorney can help you handle digital evidence and guide you on how to protect your case both online and in court.

Protecting assets in Minnesota high-net-worth divorces

2025-10-18T03:37:45Z

Divorce can put years of work and wealth at risk. Knowing how Minnesota divides property helps you protect what matters most.

How equitable distribution works

Minnesota uses equitable distribution. Courts aim for a fair, not always equal, division of marital assets and debts. The judge may weigh income, length of marriage and each spouse’s contributions. Minnesota law also allows courts to address asset dissipation if one spouse wastes marital funds. According to Minnesota Statute § 518.58, courts identify, value and divide marital property based on fairness rather than strict equality.

Marital vs. separate property

Money or property you get while married usually belongs to both spouses, even if it’s in only one person’s name. Some things count as separate property like what you owned before the marriage, gifts made just to you or inheritances.

If you mix your separate money with joint money, for example by putting it in a shared account, part of it can become marital property.

Strategies to protect your position

You can reduce conflict and safeguard value by building a clear record and using qualified experts. Start with the basics and expand as needed:

Complete inventory: List all assets and debts with supporting documents.
Professional appraisals: Use qualified valuators for businesses, real estate and art.
Property tracing: Track premarital, gifted or inherited funds to avoid misclassification.
Agreement review: Examine prenups or postnups for enforceable terms.
Credit hygiene: Monitor reports and close or freeze joint accounts when appropriate.

These steps can strengthen negotiations and help the court see an accurate picture.

Handling complex assets

High-net-worth estates often include restricted stock, options, private equity and pass-through entities. Independent valuations and forensic accounting can clarify true value and cash flow. Retirement plans usually require a QDRO so transfers happen without tax penalties. The valuation date can differ by asset which may change outcomes. You may benefit from a coordinated plan across legal, tax and financial advisors. It can also help to speak with a family law attorney familiar with complex property division to reduce risk and support a fair result.

Is child custody mediation right for your family?

2025-10-14T15:00:07Z

Child custody disputes during a divorce can feel overwhelming, but mediation offers a confidential, proven path forward for Minnesota parents. Mediation involves a neutral third party, known as a mediator, who assists you and the other parent in negotiating an agreement for your children. State rules strongly encourage or require spouses to undergo alternative dispute resolution (ADR), which includes mediation or early neutral evaluation (ENE), before going to a contested trial, unless there are safety concerns like domestic abuse. Mediation offers powerful advantages, but it is not the right choice for every family.

Why parents choose mediation

Mediation allows you to keep control over the decisions affecting your kids. Unlike going to court, you and the other parent, not a judge, create a flexible and customized parenting plan. Since parents control the process, you can tailor the schedule to your child's specific needs, like school activities or a complex work schedule. Here are three primary benefits:

Mediation is generally faster and much less expensive than a long court battle.
The process is less adversarial, which often reduces conflict and stress on your children.
Discussions and information shared during mediation are generally private and confidential.

Mediation helps you focus on finding a solution instead of fighting to win.

When the process works best

Mediation is highly effective when both parents share a primary goal: prioritizing your child's best interests. You must also be willing to negotiate in good faith. Mediation is ideal for parents who have moderate communication skills or need a structured, neutral setting to improve how they talk to each other. By working together under the guidance of a trained mediator, this cooperation often carries over by setting a positive and collaborative foundation for future co-parenting decisions.

Exceptions and potential drawbacks

Mediation is not a magic solution and presents some risks. The process is inappropriate if a severe power imbalance exists between you and your spouse, especially in cases involving chronic abuse or domestic violence. Minnesota law specifically allows an exception to mandatory ADR if one party claims to be a victim of domestic abuse. Since a mediator acts only as a neutral facilitator, they cannot provide you with legal advice or represent your individual interests. Mediation may also fail if parents are too entrenched in their positions, which can mean the case may need to be resolved in court.

What is the role of an attorney?

Mediation offers a powerful, self-directed tool for many families. It provides a way to move forward quickly and affordably, all while staying focused on your child's well-being. Consulting with a knowledgeable and caring divorce attorney who understands the mediation process can help determine if your case is suitable for this form of ADR. A skilled lawyer also protects your rights and your children’s best interests, ensuring any agreement you reach is legally sound.

Who gets the family pet during a Minnesota divorce?

2025-10-13T14:05:51Z

Divorcing a spouse is difficult, even though it’s often a welcome step when the marriage no longer works. But figuring out who keeps beloved furry family members can add another layer of pain. However, in Minnesota, the law considers your pet property, not family. Still, judges often recognize the deep emotional bonds involved. Understanding how Minnesota courts handle pet ownership during a divorce is vital, but finding an amicable resolution can help ease the pain.

What is your pet’s legal status?

Minnesota divorce law classifies pets as personal property, meaning courts distribute them in a divorce just like they do your home or vehicles. No actual pet custody laws exist. The first step is determining if the pet is marital or separate property. If you owned your pet before the marriage or received it as a personal gift, it’s likely considered separate property, and you keep it. If you adopted a pet together during the marriage, it is likely marital property. If you and your spouse can’t agree, a judge decides. Courts consider practical factors when deciding who keeps a marital pet, including:

Who is the primary caregiver, handling feeding, walks and vet visits?
Who has the financial ability and living situation to care for the pet properly?
What is the emotional bond between the pet and any minor children?

Often, a pet stays with the parent who is the children’s primary custodian, because courts want stability for kids.

Finding amicable solutions

Prioritizing negotiation outside of court is the best approach. It saves time and stress for you (and your pet). You can create a detailed “pet co-parenting agreement.” Although this document is not a formal custody order, Minnesota courts may include it in the divorce decree. The agreement covers important details, including:

Visitation schedules, such as alternating weeks or major holidays
Division of financial responsibility for vet bills, food and insurance
The decision-making process for nonemergency medical care

To retain sole or primary custody, prepare documentation to support your position. Gather microchip records, vet bills, and a daily schedule showing your primary role as caregiver. These papers can help show the judge why you are the best owner.

Finding peace for you and your pet

The law views pets as property, but emotional ties are still significant. Creative solutions are possible when you work together. You and your spouse can find an agreement that keeps your pet happy and well-cared for. Consulting with a compassionate and skilled Minnesota divorce attorney is crucial for protecting your ownership rights. Working with a lawyer who also fully understands the nuances of animal law can be invaluable in preserving the emotional and legal bonds with your pet.

Top 5 legal challenges for pet owners and how to overcome them

2025-05-16T10:56:56Z

Owning a pet can be a fun and joyful experience, but it also comes with legal responsibilities. As a pet owner, you might face legal challenges that can sometimes be tricky to navigate. Let's explore the top five legal issues pet owners often encounter and how you can overcome them.

Liability for pet-related accidents

One of the most common legal challenges pet owners face is liability for accidents caused by their pets. Whether it is a dog bite or an incident involving a pet damaging someone else's property, you could be held responsible. Minnesota law states that owners are liable for damages caused by their pets without needing to prove the owner's knowledge of the pet's behavior. To protect yourself, ensure your pet is always under control and consider purchasing liability insurance.

Disputes with landlords

Many pet owners living in rented properties face disputes with landlords over pet policies. Some landlords have strict rules regarding pet ownership, which can lead to conflicts. It is essential to comply with any pet-related clauses in your lease agreement. If you are facing an issue, communicate openly with your landlord to find a compromise. Sometimes, offering a pet deposit or providing references from previous landlords can ease concerns and help you keep your pet.

Licensing and ordinance compliance

Minnesota requires all dogs over six months old to be licensed. Failure to comply can result in fines. Each city may have its own set of rules regarding pet licensing, so it is crucial to check local regulations. Licensing helps identify pets and ensures they have their vaccines, protecting both your pet and the community. Keeping your pet's documentation updated will help you avoid any legal issues related to licensing.

Dealing with nuisance complaints

Pets can sometimes cause disturbances, leading to complaints from neighbors. Minnesota law considers a dog that habitually chases or molests people or livestock a public nuisance. If someone files a complaint, you might be summoned to court. To prevent this, ensure your pet is well-trained and kept on your property. If complaints arise, address them quickly by talking to your neighbors and finding a solution, such as installing fences or keeping your pet indoors during certain hours. You might also consider seeking legal help, an experienced animal law attorney can provide guidance and represent your interests.

Pet custody disputes

In cases of separation, deciding who gets custody of a dog or cat, or any other animal can be a challenging legal issue. While pets are family members, the law typically views them as property. To avoid disputes, it is wise to have a clear agreement with your partner regarding pet ownership. If necessary, seek mediation to reach a fair resolution. Sometimes, sharing custody or agreeing on visitation rights can ensure your pet remains cared for by both parties.

Congrats, you have a new pet! (And new responsibilities)

2025-05-16T10:57:06Z

Congratulations on welcoming a new pet into your life! It's an exciting time filled with wagging tails, gentle purrs and boundless energy. However, alongside the joy of pet ownership comes the critical responsibility of understanding your legal rights and duties. As a pet owner in the Twin Cities, being aware of these obligations is crucial for avoiding unexpected legal issues.

Safety requirements in Minnesota

Minnesota law requires pet owners to follow specific safety rules. Ignoring these requirements can result in fines or worse consequences. Depending on your pet, your responsibilities can include:

Keeping dogs on leashes in public areas
Making sure your pet has current rabies vaccinations
Licensing your pet with your local municipality (Every city has different requirements, including Minneapolis and St. Paul)
Providing adequate shelter for outdoor pets
Properly containing your pet on your property

The Twin Cities area enforces these laws strictly, with animal control officers regularly patrolling parks and neighborhoods.

Know who legally owns your pet

Pet ownership and care responsibilities might seem straightforward, but legal questions can arise in several situations.

Divorce: When couples split up, who gets to keep the pet?
Breeder contracts: What happens if there's a disagreement between the breeder and the buyer?
Adoption agreements: If you adopt or purchase a pet, do you have an ownership agreement in place?
Co-ownership: What are the legal rights of each owner if multiple people own the same pet?
Pet-sitting or long-term care: Who makes decisions when someone is caring for your animal long-term?

Having clear agreements and contracts can help avoid disputes later on.

Tackling issues with a difficult animal

Sometimes, pets may display challenging behaviors, leading to complaints or legal claims. If your pet becomes a nuisance or is accused of biting someone, you must address these issues promptly. Consider the following steps:

Training and socialization: Work with a professional trainer to curb problematic behaviors like barking and causing property damage.
Documentation: Keep records of any incidents, including witness statements.
Insurance: Ensure you have liability coverage for any potential legal claims.

Taking these steps can help protect you and your pet from legal troubles.

Being a responsible pet owner

Understanding your legal responsibilities makes pet ownership more rewarding and less stressful. By following local laws, documenting ownership clearly and responding properly to any issues, you'll create a safe environment for your pet and your community.