Custody and visitation are extremely complex matters. There is no way to know at the outset of the divorce process which parent will be given physical custody of the children or whether custody will be shared. Depending on a variety of factors, you could end up with sole physical custody, shared physical custody, visitation rights or no contact at all — an option that judges seek to avoid in nearly all cases.
There are two ways that custody and visitation matters can be decided in a Minnesota divorce case. The first way is through negotiation with your spouse. Working alongside your attorneys, you can craft a parenting plan that establishes exactly how custody and parenting time will be shared. This option allows you to create personalized solutions that work for you and your children, such as determining where the kids will spend holidays, weekends and summers.
Parenting plans may be as detailed as you want — allowing you to avoid arguments later by deciding exactly what time children will be transferred for visits, who will do the driving, where they will meet, and what time they should be back.
In cases where parents cannot reach an agreement, a judge will use a variety of factors to determine what is in the best interests of the child or children and create custody and visitation orders based on those decisions. These factors, which were updated in 2015, include the child’s various needs, the child’s relationship with parents and siblings, and the willingness of each parent to cooperate with the other.
For help dealing with issues of child custody and parenting time, speak with an experienced Minnesota family law attorney at Appelhof, Pfeifer & Hart, P.A. today.
