Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Essay: Jurisdiction In Family Law Matters: The Minnesota Perspective, Robert E. Oliphant
Essay: Jurisdiction In Family Law Matters: The Minnesota Perspective, Robert E. Oliphant
William Mitchell Law Review
This article adds to the growing library of analysis and commentary on Minnesota family law. It surveys, reviews, analyzes, and comments on the decisions of Minnesota's appellate courts in the sometimes challenging and always interesting areas of subject matter and personal jurisdiction. The article examines many of the more common issues associated with jurisdiction that impact Minnesota family law in the areas of child support, custody, property division, maintenance, and paternity. It investigates the jurisdictional questions involved when applying Minnesota's long-arm statute and weighs the potential constitutional barriers to its application. It also examines relevant provisions of the Parental Kidnapping …
Civil Procedure—Court Inflexibility Puts Appellant In A Bad Position Regarding Attorney Mistake—In Re Welfare Of J.R., Jr., Douglas L. Pfeifer
Civil Procedure—Court Inflexibility Puts Appellant In A Bad Position Regarding Attorney Mistake—In Re Welfare Of J.R., Jr., Douglas L. Pfeifer
William Mitchell Law Review
Recently, in the case of In re Welfare of J.R., Jr., a proceeding involving the termination of a mother's parental rights, the Minnesota Supreme Court was faced with the issue of whether to affirm a court of appeals order dismissing the mother's appeal for failure to timely serve notice on the child's guardian ad litem, or to excuse the delay under an analysis similar to that required when a party seeks relief from a final judgment or order under Minnesota Rule of Civil Procedure 60.02 (“Rule 60.02”). The appellant argued that in cases involving the termination of parental rights, a …
Illegitimate Children’S Rights In Probate Proceedings—In Re Estate Of James A. Palmer, Deceased, Robert A. Mcleod
Illegitimate Children’S Rights In Probate Proceedings—In Re Estate Of James A. Palmer, Deceased, Robert A. Mcleod
William Mitchell Law Review
The transfer of a person's assets after death has been an important element in the law beginning with the Magna Carta, and is firmly rooted in American jurisprudence. Defining children and heirs for probate purposes remains a difficult issue. In particular, the determination of children and heirs in an age when the birth of “illegitimate” children is common makes the proper and just determination of heirship a recurring and timely topic. The Minnesota Probate Code defines the term “child” and provides: “a person is the child of the person's parents regardless of the marital status of the parents and the …