Types of Cases and Descriptions

Dissolution with Children – Divorce with minor JOINT children (it would not be considered a dissolution with Children if the only children are adults OR are children of only one of the parents).

Dissolution without Children – Divorce with NO minor joint children (this would include divorced where the children are adults OR the children are only of one parent)

Post- Dissolution– These would be cases where a divorce has already been finalized and now the client wants to either make a change to what was ordered in the divorce (modification) or wants help enforcing what the divorce order says (enforcement). These cases will always have court file numbers already assigned.

Paternity/ Custody / Parenting Time – These terms are sometimes used interchangeably by clients and attorneys, but they are different, but these would always be situations where the parents of a child were NOT married.

Paternity would refer to a situation where dad of the child needs the Court to issue an order establishing that they are the father of the child.

Custody would refer to a situation where either of the parents wants a Court to issue an order stating which parent has physical custody and legal custody.

Parenting time generally goes along with Paternity and/or Custody and would refer to the client wanting the Court to issue and order regarding who gets the child on what days/times, etc.

The difference between the three and what the client actually wants is something the lawyer/paralegals will figure out. When taking these calls, the most important thing to ask would be whether or not there is already an order establishing custody or parenting time or if this would be a brand-new case.

Post-Custody Decree – These would be cases where the parties were never married, but a Custody or Parenting Time order has already been issued by the Court and the party wants to change something that was ordered (modification) or enforce what the Order says (enforcement). These cases will always have court file numbers already assigned.

Child Support – The majority of child support issues are dealt with as part of a divorce or a custody case. However, if there is already an order in place establishing child support and the only change the party wants to make is regarding child support, then we would open up a Child Support case. If they also want to make changes regarding parenting time or custody, then that would not be considered a child support case and would instead be called a Post-Dissolution Modification OR Post-Custody Modification. An important question to ask the potential client here could be whether they are only wanting to change child support or if they are also wanting to change custody or parenting time. A child support modification case is significantly less work (and less of a retainer) than a case where they want to change custody or parenting time as well.

CHIPS – These are cases when the County has filed a Child In Need of Protection or Services Petition with the Court (basically a child protection case filed with the Court). Elizabeth has a contract to do these types of cases in Blue Earth, Nicollet, and Brown Counties (we usually call these County CHIPS). However, we also take these cases if a potential calls in and wants to hire us (we usually call these Private CHIPS). County CHIPS cases never get billed to the client. Private CHIPS cases get billed to the client just like all our other cases.

Harassment Restraining Order (HRO) – An HRO would prevent one person from contacting another person. We can represent someone who wants to get an HRO against another person (they would be considered the Petitioner) or we can represent someone who has had an HRO filed against them (they would be considered the Respondent). An HRO is not as serious as an Order for Protection (OFP) but the concept is the same and often times clients may not know or understand the difference at first. It’s important to know whether there is a court date scheduled. These cases are not able to be searched on MNCIS or MCRO.

Order for Protection (OFP) – An OFP would prevent one person from contacting another person. We can represent someone who wants to get an OFP against another person (they would be considered the Petitioner) or we can represent someone who has had an OFP filed against them (they would be considered the Respondent). An OFP is more serious than an HRO and an OFP order can include provisions regarding temporary custody, temporary parenting time, and temporary child support. It’s important to know if there is already a court hearing scheduled. These cases are not able to be searched on MNCIS or MCRO.

Third-Party Custody/Grandparent Custody/Grandparent Visitation – These would be situations where grandparents, aunts, uncles, etc are calling requesting custody or visitation with a child who is not their child. This area is super tricky and not many people are actually in a position to request third-party custody or visitation. However, that’s something the lawyer will sort out in their potential. It could be helpful to get a bit of information about whether the minor child has ever resided with the person requesting custody/visitation and the main reason the person is requesting custody/visitation.

MCRO – Case Search – Minnesota Court Records Online (MCRO) (state.mn.us)