Anoka Divorce Law Blog

Losing custody of a child can be understandably upsetting for any Minnesota parent who has ended a marriage. While it's often the other parent who ends up with custody in situations like this, there are times when a court determines that children will be better cared for by non-parental relatives or the foster care system. Because of the many circumstances that could be involved, winning back custody rights isn't always an easy process. However, there are some ways a parent may be able to convince the court to have a change of heart.

Judges typically make child custody decisions based on what's in the best interest of the child. Therefore, a good starting point for a non-custodial parent could be to determine why custody wasn't granted in the first place. For example, custody may be lost because of violation of an order or untrue allegations of neglect or abuse. In some situations, it may be possible for a parent to regain custody if stipulations were placed on the reconsideration of custody when a temporary or interlocutory order was issued.

A growing movement toward divorcing later in life may have serious impacts on the health and finances of the people involved. Divorce is one of the most stressful life events a person can go through, and for older people it can increase the risk of depression or other adverse health conditions. People in Minnesota who are approaching or going through divorce should be aware of the impact it can have on their health. Awareness of psychological conditions like depression can be helpful.

A professor of psychiatry and practicing geriatric psychiatrist said she often encounters seniors who develop anxiety, chronic stress or depression following a divorce. She said it's also common for seniors who divorce to go through symptoms of post-traumatic stress like flashbacks of negative events and nightmares. This is especially true for individuals who have been in relationships that were abusive.

In Minnesota and across the country, divorce is on the rise among the baby boomer generation. Since 1990, the divorce rate has doubled among Americans age 50 and over. During the same period, the rate has tripled among people 65 years old and above. These statistics are in contrast to the fact that the divorce rate has remained stable or even declined among individuals across all demographic groups. There are a number of factors that contribute to the growing phenomenon that has been termed "gray divorce."

For starters, divorce is more socially acceptable than it was in the past, and closeness to other divorced people can affect family members' decisions. The daughters of divorced parents are 60 percent more likely to divorce themselves while the sons of parents who split are 35 percent more likely to do the same. However, many of the reasons for older people divorcing reflect the fact that people are marrying differently as well. Even among the over 65 age group, individuals in short-term marriages are more likely to split up than those who have been together for decades. In addition, people who have been married once before are 2.5 times more likely to divorce.

When older people in Minnesota get a divorce, their focus may be more on dividing retirement savings and other elements related to property division compared to younger couples who might be concerned about child custody. People should be aware that there are a number of specific rules for dividing these types of assets. Annuities can pose particular complexities, and some people may agree for one to keep the annuity and the other to take another asset since cashing it out can lead to a significant drop in value.

There are also rules around splitting 401(k)s, pensions and IRAs. For the former two, it is necessary to get a document called a qualified domestic relations order. This allows a tax break because of the divorce, and rolling the money into an IRA also means no penalties will be due. A distribution from an IRA can also be rolled into another IRA without taxes or penalties. There may be additional rules associated with pension plans.