The end of a marriage is the beginning of a new way of life for parents and their children. Even with the best intentions, relationships with children change and adjust as child custody arrangements are decided and carried out. Understanding the factors used in making child custody decisions is essential if you are considering divorce and have children.
Before a divorce is granted in Minnesota, the parties must agree on spousal support, property division, child custody, child support, and health insurance. As with many agreements, those made willingly between parties often suit the unique characteristics of each family better than a court-ordered solution.
If parents cannot reach agreement, even with the help of their attorneys, they can go before a court and ask the judge for a ruling on their parenting rights and responsibilities. The two types of custody in Minnesota are:
- Legal custody: Legal custody is the right and authority to make important educational, medical, and other decisions on behalf of a child.
- Physical custody: The authority to provide daily residential care and a nurturing environment to a child is the basis of physical custody.
Minnesota courts presume legal custody is shared between parents, and physical custody can be either solely granted to one parent or jointly shared between parents. Shared physical custody does not necessarily mean equal parenting time.
If a couple cannot agree on custody or parenting time arrangements, the court uses statutory factors to assist when making a ruling on the living arrangements of minor children.
High conflict is rarely in the best interest of a child. When you have questions or concerns about custody in Minnesota, speak with an experienced attorney with our firm.
