Kennedy & Kennedy Law OfficeFindLaw IM Template2026-08-10T12:35:32Zhttps://www.kennedykennedylawoffice.com/feed/atom/WordPress/wp-content/uploads/sites/1500606/2020/04/cropped-favicon-32x32.pngOn Behalf of Kennedy & Kennedy Law Office<![CDATA[Can teenagers have a say in where they live after divorce?]]>https://www.kennedykennedylawoffice.com/?p=475122026-08-10T12:35:32Z2026-08-10T12:35:32ZWhen parents divorce, teenagers often have strong opinions about where they want to live. They may prefer one home because it is closer to school, friends, activities or simply feels more comfortable. But does a teenager’s preference determine the outcome?
Minnesota courts consider a child’s reasonable custody preference when the child is of sufficient age and maturity to express an independent and reliable opinion. This means an older teenager’s wishes may receive more consideration than those of a young child. That said, your teenager generally does not get to make the decision simply by telling the judge which parent they prefer.
Courts look at the broader picture
The reasons behind your teenager’s preference matter. For example, wanting to remain at the same school or stay close to friends may provide a legitimate reason for favoring one home. On the other hand, a preference that appears to result from pressure, promises or influence from a parent may receive less weight.It’s also worth noting that during custody proceedings, the court’s focus remains on the child’s best interests. As such, the child’s preferences are considered alongside factors such as their relationship with each parent, each parent’s ability to meet the child’s needs, the child’s adjustment to home and school and the stability each parent can provide.
Avoid putting your teenager in the middle
Your teenager’s custody preference may matter, but that does not mean they should be drawn into the conflict or made to feel responsible for the custody decision. Asking your child to choose sides, speak negatively about the other parent or act as a messenger can increase the emotional pressure they are already experiencing.Instead, your focus should remain on your child’s well-being while providing the court with the facts it needs to determine what custody arrangement is best. Seeking professional legal guidance in such situations can help you understand your rights, your teenager’s role in the whole process and how Minnesota law may apply to your particular circumstances.]]>On Behalf of Kennedy & Kennedy Law Office<![CDATA[3 facts about Chapter 13 repayment plans in Minnesota]]>https://www.kennedykennedylawoffice.com/?p=475112026-07-31T14:40:44Z2026-07-31T14:40:44ZPlans last between three and five years
Your payment schedule will cover either three years or five years. Minnesota guidelines use your household income to decide which timeline fits your situation.
The moment you file your bankruptcy paperwork with the court, federal law stops debt collectors from calling, writing or taking legal action. This immediate protection gives you space to breathe and focus on your monthly budget.
Repayment amounts depend on disposable income
You do not have to pay back every penny of every debt. Instead, the court looks at what money you have left over after paying for basic living needs. Your monthly budget protects essential personal costs, including:
Food for your household
Rent or mortgage payments and utilities
Necessary health care costs and insurance
Whatever money remains after these basic needs go toward paying back unsecured debts like credit cards.
Unpaid qualifying debts receive a full discharge
Finishing your payment plan brings real financial relief. Once you make your final monthly payment, the court forgives any remaining balances on eligible unsecured debts. A few obligations remain outside of this final debt forgiveness, including:
Past-due child support payments
Regular home mortgage payments that continue past your plan (though past-due amounts are paid off in your plan)
Recent tax balances owed to the government
Following these basic steps allows you to clear old bills while protecting your daily family life.
Protect your home and rebuild your financial stability
Reorganizing personal debt requires careful attention to court deadlines, income rules and detailed filing paperwork. Discussing your financial situation with a local bankruptcy attorney can help clarify your rights and protect your family assets.
]]>On Behalf of Kennedy & Kennedy Law Office<![CDATA[Can you challenge a breath test?]]>https://www.kennedykennedylawoffice.com/?p=475102026-07-24T11:34:45Z2026-07-24T11:34:45ZYes, even if you fail a breath test, there are often options to challenge that test. In some cases, this may even get the results of the test overturned. It is not a guarantee, of course, but it is wise to remember that you do not simply have to accept the results of a failed breath test if you are facing DWI charges.
Exactly how and why you can challenge that test will depend on the details of your case and the arrest. But below are three examples to keep in mind.
The officer may have made a mistake
First of all, officers need proper training, and they need to administer the test correctly. If the officer made a mistake while administering the test, or if it can be demonstrated that they were never trained on how to administer it in the first place, it becomes far less clear that the results of the test were accurate.
The test may not have been calibrated
Next, breath tests require calibration and routine maintenance, like other technical devices. If the test was never calibrated, could it have provided an artificially high reading? If it was neglected and did not undergo maintenance on a set schedule, how accurate were the results?
Something else influenced the test
Finally, you can sometimes consider outside factors that influenced the results of the test. One common example is if a person has alcohol in their mouth. Even if your actual BAC was well below the legal limit, a small amount of mouth alcohol could elevate the BAC reading. The same is true if you vomited before taking the test or if you burped during the test.These are just a few different defense options to consider. If you are facing DWI charges, it is important to take a careful look at the legal options at your disposal.
]]>On Behalf of Kennedy & Kennedy Law Office<![CDATA[Crafting a parenting plan for very young children]]>https://www.kennedykennedylawoffice.com/?p=475092026-07-15T04:21:46Z2026-07-15T04:21:46ZConsistency can be especially important during the early years. Babies and toddlers often thrive on predictable routines involving meals, naps, bedtime and familiar surroundings. Parenting plans should take these routines into account and seek to minimize unnecessary disruption while still encouraging strong relationships with both parents.
Parenting plans for infants and toddlers often look very different from those designed for school-aged children or teenagers. Very young children have unique developmental needs, and as such, creating a parenting schedule that supports stability, bonding and healthy growth requires careful planning.
Getting started with your parenting plan
Rather than long stretches of time away from one parent, shorter and more regular stretches of parenting time may help infants and toddlers maintain particularly secure attachments with both parents. A truly effective schedule should be influenced by a child's age, temperament and developmental stage, as well as each parent's ability to meet that child's daily needs.Parents should also consider practical issues that are unique to their young children. Feeding schedules, nap routines, medical appointments and childcare arrangements should be discussed in advance. Sharing information about sleep habits, new foods, medications and developmental milestones can help co-parents to facilitate continuity between households and support their young child's well-being.As children grow, their needs change quickly. A parenting plan that works well for a six-month-old may not be appropriate for a three-year-old. Many parents benefit from including review provisions that allow them to revisit their schedule as their children reach important developmental milestones. Working with a skilled legal team to craft a parenting plan that allows for review and revisions as a young child grows can be helpful accordingly. ]]>On Behalf of Kennedy & Kennedy Law Office<![CDATA[Addressing your medical debt through a Minnesota bankruptcy]]>https://www.kennedykennedylawoffice.com/?p=475082026-07-01T12:06:07Z2026-07-01T12:06:07ZMedical bills can overwhelm even the most organized household, triggering extreme stress and leaving financial obligations unmet. Medical debt can make you feel powerless in the face of unexpected emergencies and aggressive collection efforts.
It is time to learn how bankruptcy can offer empowerment and meaningful relief when medical debt becomes unmanageable.
How medical debt contributes to financial strain
Unpaid medical debt can grow quickly because treatment costs rise faster than wages. Many struggle with high deductibles and frequent out‑of‑pocket expenses. Unfortunately, collection actions often begin soon after missed payments, increasing hardships for those already facing health concerns.Worsening the problem, medical providers send unpaid balances to third‑party collectors that may pursue lawsuits or wage garnishment, which can make daily expenses even more difficult to manage.
How bankruptcy treats medical debt
Since medical bills are typically unsecured, bankruptcy discharges the debt in many cases. Chapter 7 may eliminate qualifying balances, while Chapter 13 helps reorganize debt into a manageable repayment plan. Each option offers a structured path toward stability.Additionally, filers benefit from the automatic stay, which pauses collection efforts during the bankruptcy case. This pause can stop lawsuits and wage garnishment while the court reviews the situation, creating time and space to regain control.
When bankruptcy may be the right step
Bankruptcy may help when medical bills exceed available income or savings. It can also help when collectors harass you or threaten you with legal action. Each situation is unique, making a careful evaluation crucial in choosing a path forward.A clear understanding of the available options and experienced bankruptcy guidance can support informed decisions and long‑term financial recovery.]]>On Behalf of Kennedy & Kennedy Law Office<![CDATA[State vs. federal drug charges: What’s the difference?]]>https://www.kennedykennedylawoffice.com/?p=475072026-06-21T04:16:16Z2026-06-21T04:16:16ZThe state handles most drug cases
The majority of drug-related cases are handled by local law enforcement, county prosecutors and state courts. Common state drug changes include:
Drug possession
Possession with intent to sell
Sale of controlled substances
Prescription drug offenses
Drug paraphernalia violations
Controlled substance crimes are based on factors such as the type of drug involved, the amount of the substance and the alleged conduct. The more serious the offense is, the harsher the penalty can be.
Still, while state drug charges can result in significant fines, imprisonment and probation, they are often less severe than comparable federal offenses.
When is a drug offense a federal crime?
A drug case may become a federal matter when it involves large-scale operations or crosses state lines. Examples of situations that could trigger a federal charge include:
Interstate drug trafficking
Drug offenses connected to organized crime
Large quantities of controlled substances
Alleged drug activity involving several people
Drug offenses occurring on federal property
One of the most significant differences between state and federal drug charges is the potential punishment. Federal drug laws often impose long prison sentences. Sentencing guidelines can play a major role in determining the outcome of a case. Some offenses have mandatory minimum sentences, which can limit a judge’s ability to impose a lighter punishment.
Federal law enforcement agencies often have more resources for drug investigations, which may involve:
Confidential informants
Wiretaps
Financial record analysis
Multi-agency task forces
Such investigations can be extensive, and an individual may not even realize they were under scrutiny until charges are filed or they are arrested.
Whether a drug-related case is filed in state or federal court, it needs to be taken seriously. Reaching out to a legal representative as soon as possible gives them the opportunity to review the evidence, protect your rights throughout the process and pursue the best road to a favorable outcome.]]>On Behalf of Kennedy & Kennedy Law Office<![CDATA[What happens to your driver’s license after a DWI in Minnesota]]>https://www.kennedykennedylawoffice.com/?p=475062026-06-11T08:30:10Z2026-06-11T08:30:10ZA DWI arrest in Minnesota triggers two separate processes that can both affect your driving privileges. Understanding how each one works can help you act quickly and protect your rights.
Your license is revoked immediately
UnderMinnesota Statute § 169A.52, failing or refusing a chemical test triggers immediate license revocation. The arresting officer takes your physical license and issues a temporary permit valid for seven days. This action is administrative, not criminal. It happens before any court appearance or conviction.
How long the revocation lasts
The length of your revocation depends on your BAC and your prior record. Minnesota extended its lookback period to 20 years in August 2025, so older offenses now count against you longer. Here are the standard revocation periods:
First offense (.08–.15 BAC): 90 days, which may reduce to 30 days with a guilty plea.
First offense (.16 or higher or test refusal): At least one year.
Second offense within 20 years: At least one to two years.
Third offense or more: License cancelled for three to six or more years.
A cancellation differs from a revocation. You must complete a substance use disorder program before your revocation period even begins.
You can challenge the revocation
You have 60 days from the notice of revocation to file a Petition for Judicial Review under Minn. Stat. § 169A.53. This civil action is separate from your criminal case. Missing this deadline means you lose the right to challenge the revocation even if you win the criminal charge.The hearing focuses on whether the officer had probable cause and whether proper procedures were followed.
Options to keep driving
You do not have to stop driving entirely during a revocation. Two options may apply to your situation:
Limited license: Permits driving to work, school or medical appointments after a waiting period.
Ignition interlock program: Lets you drive for all purposes after installing a breathalyzer device in your vehicle.
A limited license requires you to show a qualifying need. The ignition interlock program has broader access but requires passing breath tests each time you start your vehicle.
Speak with an attorney about your next steps
License revocation and criminal DWI charges run on separate tracks. Winning one does not automatically resolve the other. An attorney can help you understand your options for fighting your DWI charges and challenging the administrative revocation before the 60-day window closes.]]>On Behalf of Kennedy & Kennedy Law Office<![CDATA[Why couples may benefit from cooperating in re: uncontested divorces]]>https://www.kennedykennedylawoffice.com/?p=475052026-06-04T09:59:03Z2026-06-04T09:59:03Zuncontested divorce filing. Spouses may spend months negotiating or may even attend mediation to settle their disagreements and file an uncontested divorce.
What benefits make that extra effort potentially worthwhile for those facing divorce?
Uncontested divorces are more private
Spouses who settle their divorce disagreements do not need to make formal disclosures about their finances and family court. They do not need to present evidence about marital misconduct to convince a judge to act. People who settle disagreements through negotiation or mediation can preserve their privacy throughout divorce.
Uncontested divorces are often faster
Waiting for a hearing in court, presenting evidence to a judge and then waiting for a final ruling can add many months to the overall divorce timeline. Couples who settle matters privately can streamline the divorce process.
They spend less time in court, which may also mean that they pay less for the divorce. Couples who successfully settle terms for uncontested divorces also retain control over the final terms instead of waiting for a judge to decide what is appropriate.
Discussing the possibility of an uncontested filing and current divorce concerns with a skilled legal team can help people understand their options. For those who can approach negotiations in good faith, working toward an uncontested divorce filing with the support of an attorney can be a positive way to handle a stressful situation.
]]>On Behalf of Kennedy & Kennedy Law Office<![CDATA[Why holiday weekends lead to more arrests]]>https://www.kennedykennedylawoffice.com/?p=475042026-05-25T03:15:38Z2026-05-25T03:15:38ZWhy police presence increases during holiday weekends
Law enforcement agencies often increase patrols during major holidays because roads become more crowded and celebrations frequently involve alcohol. Officials say the 100 days between Memorial Day and Labor Day are the busiest travel period of the year. Holiday weekends such as Memorial Day, the Fourth of July and Labor Day are especially known for heavier traffic enforcement and increased DWI monitoring.
Many departments also set up sobriety checkpoints or assign more officers to areas near bars, restaurants and event venues. In some situations, drivers may be stopped for minor traffic issues like drifting between lanes, failing to signal or driving with a broken taillight before an officer begins investigating possible impairment. Even people who felt completely fine to drive may suddenly find themselves facing an unexpected arrest.
Holiday weekends can also create stressful situations where people make quick decisions without thinking through the consequences. Someone may misjudge how alcohol affects them after eating less than usual, spending hours in the sun or mixing drinks over a long gathering. Fatigue, heavy traffic and late-night driving can sometimes make ordinary behavior appear suspicious during a traffic stop, especially when officers are already on heightened alert.
A DWI arrest does not automatically define a person or their future. Many people facing these charges are hardworking individuals who simply found themselves in the wrong situation at the wrong time. Speaking with a legal professional who understands the process can help ease uncertainty and provide guidance on what steps may come next.]]>On Behalf of Kennedy & Kennedy Law Office<![CDATA[Can you get a DWI even if you didn’t feel drunk?]]>https://www.kennedykennedylawoffice.com/?p=475032026-05-12T10:05:34Z2026-05-12T10:05:34ZMost people assume a DWI only happens when someone clearly feels intoxicated. In reality, impairment may not always be obvious, especially when medications, fatigue or even body chemistry are involved.
A person may feel completely fine behind the wheel and still experience slowed reaction times or poor judgment without ever realizing it. Situations like these can easily leave people confused, embarrassed and unsure of what happens next.
Unexpected impairment happens more than many think
Prescription medications are one of the most common reasons someone may not realize they are impaired. Certain medications used for anxiety, pain or sleep can affect coordination, focus and reaction time, even when taken exactly as prescribed. In some cases, combining medication with a small amount of alcohol can increase those effects far more than an individual first expected.Alcohol absorption can also work differently than many people realize. Someone may leave dinner or an event feeling normal, only for alcohol to continue absorbing into their bloodstream afterward. This delayed effect may cause impairment to become stronger over time, even if the person believed they were safe to drive when they first got behind the wheel. In some situations, a person may not notice the full effects until well after they have already started driving.Body chemistry can also play a major role. Factors like weight, stress levels and lack of sleep may affect how alcohol or medication impacts someone. Two people can consume the same amount and experience very different levels of impairment, which is why these situations are not always as simple as they may first appear.Facing a DWI charge can feel overwhelming, especially when the situation was unexpected. Speaking with a legal professional may help you better understand your options, ask questions about your case and begin moving forward with confidence.]]>