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FAMILY LAW

 Family Law

When a family is in the throes of change, the qualities of the attorneys who represent them become crucial. Moss & Barnett’s Family Law group offers a unique blend of honesty, objectivity, discretion and compassion, combined with the years of experience needed to bring a common sense perspective to the proceeding. In addition, the family law attorneys at Moss & Barnett have earned national reputations for their contributions to developing and interpreting Minnesota family law.

We educate and advise our clients, helping them make clear, rational decisions in the face of sensitive personal issues. Our advice unites our own expertise with the resources of a broad spectrum of other professionals. These might include:

  • Other Moss & Barnett attorneys with expertise in business, trusts and estates, tax law and employee benefits
  • Accountants with expertise in business valuations and family finance
  • Therapists
  • Mediators or arbitrators

Our clients are involved throughout the process, for this is the key to creating an acceptable solution and to avoiding unnecessary litigation. We are dedicated to using Alternative Dispute Resolution, but we are also prepared to zealously litigate whenever that is in the client’s best interest.

A substantial part of our family law practice involves cases with:

  • Businesses
  • Professional practices
  • Intellectual property
  • Complex spousal maintenance and asset valuation issues, including identifying marital and non-marital property.

Among the services provided by Moss & Barnett’s family law attorneys are the following:

  • Negotiating and drafting premarital and post-marital agreements
  • Assisting clients through dissolution proceedings, seeking resolution through early settlement and litigating, if necessary
  • Helping clients resolve custody and related issues
  • Advising clients concerning the impact of family law matters on businesses, professional practices, non-marital property, intellectual property and other complex financial arrangements
  • Consulting with clients regarding asset protection, including protecting all income-producing assets and activities
  • Representing clients on appeals
  • Advising clients regarding modification of existing court orders
  • Mediating disputes as neutral intermediaries

Ultimately, the Moss & Barnett Family Law group seeks to guide clients through difficult personal matters so they will do the right thing for themselves, their family members, their business or professional relationships, and all others affected by the matter. We help our clients take the high road while dealing with some of life’s most difficult and disruptive family law matters.


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Case Summaries

Family Law

[07/01] Jenkins v. Jenkins
In a petition under the Hague Convention on the Civil Aspects of International Child Abduction seeking the return of Petitioner's son to her custody in Israel, judgment for Respondent is affirmed where Petitioner failed to establish that there was an actual "removal or retention" by Respondent or that the alleged retention was "wrongful."

[06/26] Charisma R. v. Christina S.
In a child custody dispute, trial court orders declaring plaintiff a presumed parent of the child and establishing a schedule for reunification is affirmed where: 1) substantial evidence supports the finding that the Family Code sec. 7611(d) parentage presumption applies, as the record shows that plaintiff actively participated in the child's conception and cared for her following birth, the limited duration of her parenting of the child does not defeat plaintiff's claim to presumed parent status, and plaintiff received the child into her home and openly held her out as her natural child; 2) the trial court did not abuse its discretion in concluding there is no basis to rebut the parentage presumption as substantial evidence supports the finding that the Elisa B. factors are present and that plaintiff actively participated in the child's conception with the understanding she would parent with defendant, and no other facts justified rebuttal of the parentage presumption; and 3) defendant's equal protection claim fails as she has not shown that a case involving a man in plaintiff's circumstances would be decided any differently under the law, and failed to meet her burden of showing that the order declaring plaintiff the second parent was an unconstitutional infringement of her state and federal rights to substantive due process.

[06/25] Batlan v. Bledsoe
In a bankruptcy trustee's motion to avoid a transfer made pursuant to a state court judgment dissolving the Debtor's marriage, the order denying the trustee's motion is affirmed where, under Oregon law, a party who challenges a dissolution judgment must allege and prove "extrinsic fraud," and the trustee failed to do so.

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