Child Custody in Minneapolis, Minnesota
Child Custody is a decision made by the court as to which parent will have the care, custody, and control of a child. Custody may be assigned to one parent, or both parents jointly. The court tries to reach a decision that is in the “best interests of the child”. In order to do this, the court weighs a number of factors from the statutes. A few of these might be:
- The desires of the parents;
- The wishes of the child;
- The child’s relationship with each of the parents;
- The child’s relationship with siblings.
There are two types of child custody in Minnesota, legal custody and physical custody. Legal custody regards the right to make major life decisions about rearing a child. Legal custody includes decisions about education, health care, and the child’s religious upbringing. Physical custody refers to the day to day decisions about the child.
Are there Different Types of Custody in Minnesota?
Parents can have sole legal or joint legal custody, and sole physical or joint physical custody. Joint custody is when parents share custody. The arrangement depends on the individual factors of their case. If there is more than one child, the custody arrangement could be different for each child, this is called “split custody.”
When parents share joint legal custody, they must be able to work together. Parents must make decisions together about the child’s education, health care, and religious upbringing. If joint physical custody is shared, the routine daily activities of the child are shared between the parents.
Parenting time is any time spent with the child regardless of custody type. A parenting time schedule is entered at the same time as the custody order in a family law case, whether in a separate custody case or as part of a divorce. A parenting time schedule can either be determined by the parties themselves, through the help of a mediator or another form of alternative dispute resolution (ADR) or decided by the court.
When is Child Custody at Issue in Minnesota?
In order to have child custody heard by a judge in Minnesota, the child must have lived in Minnesota with a parent or a person acting as a parent for at least 180 days before the filing of the court case. There are exceptions for emergency situations. Where child custody is being decided as part of a divorce, the court will decide the child custody arrangements as part of that case.
If parents have a child while they are married, they have joint legal and physical custody of the child from the time they separate until the court enters an order otherwise. In cases where there was not a marriage and there is no court order for parenting time, the mother will have sole legal and physical custody of the child if she was the primary parent unless the other parent or another individual petitions the court for custody and parenting time.
Contact Experienced Minneapolis, Minnesota Child Custody Attorneys Today
Legal and physical custody of your child determines not only the most important aspects of their life but your own as well. That is why you need experienced child custody and parenting time attorneys working for you. At Perusse Nixon PLLC, we understand the importance of how divorce affects children. We can help you create a parenting arrangement that is in the best interests of your kids.