About Doug Mentes, Esq.

Doug Mentes, Esq. Articles written 92

Douglas Mentes is an alum of Drake University with a degree in journalism, who has covered news in Washington, D.C., Minneapolis and Salt Lake City. He has a law degree from William Mitchell College of Law and ran his own law firm for more than 10 years in St. Paul, Minnesota, earning designation as a Super Lawyers Rising Star. He practiced in the areas of family law, real estate and probate, handling several successful appeals. He currently covers bankruptcy law for Thomson Reuters.

Articles written by Doug Mentes, Esq.

How Does a Court Decide Child Custody Cases?

A court decides child custody cases based on the child's best interests, with a presumption of shared custody, depending on their co-parenting history. The family court awards legal custody and physical custody to the primary caregiver based on several factors, including parental fitness, home stability, emotional bonds, school stability, sibling contact, continuity of care, community ties, financial conditions, and the child's preference. Parents with a history of domestic violence, substance …

What Should Be Included in a Parenting Plan?

A parenting plan should include decision-making responsibilities, communication methods, exchange locations, and other shared physical custody details of parental rights and obligations. Detail legal custody rights for making decisions about education choices, healthcare access, and religious upbringing. Include financial information, including extracurricular and transportation costs, and child support obligations. Provide a dispute resolution and modification process for making changes and …

How Can I Protect My Right To Vote?

To protect your right to vote, you must confirm your voter status verification, your voter registration deadline, and bring your voter ID to the polls. If the poll worker at your poll location does not let you vote, you can still vote with a provisional ballot. Ask for voting assistance if you need language access, a disability accommodation, or a replacement ballot. Contact your election hotline for intimidation protection or to report voter suppression in violation of your Constitutional …

What Happens if You Die Without a Will?

When someone close passes away, there is a long list of decisions to be made and tasks to be completed in managing their affairs. Wills are created to assist loved ones in making some of these decisions. Dying without a will means you have very limited input into how your property gets distributed when you die or how your loved ones are financially provided for. State law will step in and make those decisions for you. “Do it,” urges estate planning lawyer Anita Rosenbloom of McDermott …

How To Seek Asylum in the United States

To gain asylum in the U.S., you must file Form I-589 within the one-year deadline of arriving and show a credible fear of persecution if you return to your home country. You can file for affirmative asylum at the border port of entry or defensive asylum if you are in removal proceedings. A USCIS officer will conduct an interview to determine if you qualify for asylum on protected grounds and get work authorization. An immigration judge conducts asylum hearings individually, taking into account …

How Do I Get My Property Listed on the National Register?

The National Register of Historic Places is the official list of the nation's historic places worthy of preservation. Getting your property on the local or national registers may qualify it for tax benefit. Data also suggests that historic properties show a faster increase in value over nearby, non-historic, comparable properties. The National Register nomination process begins with getting listed with the state historic preservation office, or the local heritage preservation office. For legal …

What Are My Rights Under the Family and Medical Leave Act?

The Family and Medical Leave Act (FMLA) guarantees workers a certain amount of unpaid leave from their job. FMLA leave covers the time you need to recover from serious medical conditions or take care of a family member. Even though the FMLA doesn't require your employer to pay for sick leave, your job is protected when you can come back to work. Federal law requires employers to follow FMLA protections or face civil penalties. Some states have additional job-protected leave laws and mandatory …

Should I Elect COBRA Coverage?

COBRA rights can be a confusing law for the public. Its name bears little relation to what it regulates. COBRA stands for the Consolidated Omnibus Budget Reconciliation Act. But this federal law regulates employer-sponsored health insurance coverage, essentially requiring employers to give employees the opportunity to continue their coverage when they leave their jobs. Enacted in 1986, COBRA election was meant to protect workers from doubly suffering a job loss and loss of health benefits for …

What Laws Do Airbnb Hosts Need to Follow?

Short-term rental marketplaces like Airbnb let property owners rent out a private room or entire home when they are away. Property owners looking to use these services must follow company requirements as well as local zoning laws for their rental operation. Renting out your primary residence can involve federal, state, and local laws. Understand the regulations you need to follow or risk penalties for non-compliance. Talk to a local real estate lawyer before you start hosting Airbnb …

Can I Keep a Tenant’s Security Deposit?

Minnesota landlords can easily get themselves into trouble with their tenants' security deposits. Even a simple management mistake, like missing a deadline, could be costly. If a landlord withholds any amount of the security deposit, Minnesota security deposit laws require them to demonstrate that the expenses are legitimate and not ordinary wear. If not, landlords could be subject to civil code fines, penalties, and court costs. For specialized legal advice on security deposits, reach out to a …

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