Family Law

At Heller & Thyen, we understand that legal matters can be very difficult, especially when family is the focus of a legal matter.
We provide compassionate and experienced representation for all areas of Family Law:

Divorce & Child Custody

 

At Heller & Thyen, we understand that going through a divorce or a custody dispute is a very serious matter for our clients. You should not have to be alone in the process. You need someone to help you through it and find solutions that will best protect you, your children and your family interests.

JR and Justin have the skills and experience to assist you through this process. While it is our hope that matters can be resolved amicably, issues often come up that require an attorney who has the skill and expertise to resolve the issues, while keeping your best interest in mind.

Beginning with the initial preparation, service and filing of papers, it is critically important that you have experience on your side. The Family Law staff at Heller & Thyen are here to be sure that your interests are best protected. We will pursue every manner possible, including mediation, to try to get things done as efficiently as possible. But, we also understand that protecting your interests can mean going to Court, which we are prepared to do if necessary.

If your case concerns the custody and visitation of children, it is important to understand that even though your case has personal and unique facts, there are general rules that apply. In most situations, the Courts start with the position that joint custody is in the best interest of the children. But, that is not always the case. This decision is influenced by how the parents work and communicate with each other, as well as how they treat their children. If you and your family are dealing with these issues, it is of utmost importance that you contact and work
with legal representation that has the knowledge and experience to guide your case in what is best for the children. At Heller & Thyen, our attorneys and staff are prepared and committed to work with you, understand your case, and help you achieve the best result possible.

Call us today to schedule a free, no obligation consultation.
320-654-8000
We can discuss the specifics of your needs and offer you an evaluation based on outcomes we’ve seen in the past.

Paternity

 

When a child is born, paternity is of utmost importance. Minnesota law presumes that an unwed mother has sole legal and physical custody. In order for a father to obtain his parental rights, the matter must be established through the Court. This is true even if the father has signed the Recognition of Parentage and/or his name is on the Birth Certificate. Although, having one of these documents will help with the establishment, paternity must be declared by a Court before a father’s rights exist. In the meantime, the mother controls all issues concerning the child, including visitation and where they choose to live.

JR and Justin understand these issues and have the experience to help a father become legally involved in his child’s life, obtain custody rights and visitation, as well as protect a mother who needs to identify the father in order to establish obligations including child support. We are prepared to help you work through these issues in order to achieve the best results possible.

Call us today to schedule a free, no obligation consultation.
320-654-8000
We can discuss the specifics of your needs and offer you an evaluation based on outcomes we’ve seen in the past.

Child Support

 

The importance of establishing child support properly cannot be overstated. While Minnesota uses guidelines and a child support calculator to arrive at final figures, there are many factors that impact the result. The Courts will consider income levels of the parents, the number of joint children, number of children from other relationships, medical costs, dental costs, health insurance costs, daycare costs, spousal support and the amount of visitation/parenting time.

At Heller & Thyen, our attorneys and staff work directly with you to get a firm grasp on the issues of your case to understand how your unique factors fit within the Minnesota guidelines. It is important to understand that child support laws are changing, so it is important to work with an attorney that is familiar with the current law and obligations. If your current support order is not based on current laws or is otherwise not accurately reflecting obligations, we can help you modify your support order.

Call us today to schedule a free, no obligation consultation.
320-654-8000
We can discuss the specifics of your needs and offer you an evaluation based on outcomes we’ve seen in the past.

Grandparent Rights

 

Grandparents often provide important stability and support for children. In certain cases, Minnesota law allows for grandparents to obtain custody or visitation rights to their grandchildren. The Courts look at very specific issues to grant such rights while also protecting the rights of parents, all ultimately guided by what is in the best interest of the child.

With regard to custody, the rules are very specific and limited. The Courts recognize that a parent’s rights are very important to protect, but if the children are not safe, they can look for alternatives through grandparents. However, before a grandparent can obtain custody, they need to fit within very limited requirements in order to bring an action.

As for visitation rights, much depends on what has happened with the parents. If a parent has died, the grandparents can seek visitation to assure the children continue their relationship with their side of the family. Again, there are very specific requirements that must be met before such a petition can be granted. If met, the Court will look to what is best for the children and whether or not such visitation will interfere with the surviving parent’s relationship with the children.

At Heller & Thyen, our attorneys and staff know and understand the specifics of what is needed to help grandparents with their rights. They will assist and work with the grandparents to guide them through this intricate process to fully explain to them what can and cannot be done under Minnesota law.

Call us today to schedule a free, no obligation consultation.
320-654-8000
We can discuss the specifics of your needs and offer you an evaluation based on outcomes we’ve seen in the past.

Alimony (Spousal Maintenance)

 

In Minnesota divorces, a spouse may be entitled to receive Spousal Maintenance (also known as alimony). This is when one spouse becomes obligated to pay the other to help support that spouse. It is limited to married parties and applies on both a temporary and permanent basis. The Court will look to the specific relationship details to see if one spouse meets the qualifications, and if so, for how long and how much of an obligation should apply.

The factors a Court will look to include how long the parties were married, the standard of living the parties had during their marriage, what contributions each spouse made during the marriage and whether a spouse sacrificed their career in order to raise children. Each factor needs to be given consideration and attention. A qualified and experienced divorce attorney can work with you to assure you understand these issues.

At Heller & Thyen, our attorneys and staff have the knowledge and experience to work with you to be sure this issue is fully explored and explained. Since not all divorce cases qualify for spousal maintenance, it is imperative that you understand this complex issue. We will take the time be sure a full understanding is achieved and if you do qualify, that your rights are fully pursued to be sure your financial needs are met.

Call us today to schedule a free, no obligation consultation.
320-654-8000
We can discuss the specifics of your needs and offer you an evaluation based on outcomes we’ve seen in the past.

Adoption

 

There are many things to think about when you are deciding about adding children to your family. Becoming an adoptive parent is one option, but there are many important issues that need to be considered. Having an experienced attorney to help you through the process can make the process much easier.

If you are a couple desiring to adopt a child, there are certain legal steps that need to be taken and important decisions to make. Are you looking to adopt an infant or perhaps an older child? Are you looking at an international adoption or to adopt a child born in the United States? The Court requires specific requirements to be completed before the adoption can happen.

If you are a step-parent wanting to adopt the child of your spouse, there are specific steps that need to be followed. Different rules apply depending on the situation and involvement of the biological parent whose rights are to be taken away. One will need to look at how much contact the biological parent has had with their child weighed against how much you have been involved in that child’s life. The Court will look to what is in the best interest of the child, but only after certain specific legal hurdles have been met.

If you are a grandparent whose child has not been able to fulfill their parental responsibilities, you may be able to step in to obtain custody of your grandchild through adoption. But, the rules for this are very specific and limited depending on the specific facts of your situation.

At Heller & Thyen, our attorneys are experienced in this area of law. They can answer your questions and help guide you through what can be a wonderful and rewarding experience for your family. We understand that every family situation is unique. We also understand how the law works to help parents adopt the children, who need the closeness of a special family.

 

Call us today to schedule a free, no obligation consultation.
320-654-8000
We can discuss the specifics of your needs and offer you an evaluation based on outcomes we’ve seen in the past.


Please call us at
888-570-9899

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