printDifferent Types of Child Custody in Minnesota
Joyce Cundy and Vincent Martin, Divorce LawyersVincent P. Martin, Esq.
There are two types of custody determinations that must be made in all divorce and paternity proceedings. The first type is legal custody, which consists of decision making with respect to extraordinary health, education, and religious issues involving the children.
There are two types of custody determinations that must be made in all divorce and paternity proceedings. The first type is legal custody, which consists of decision making with respect to extraordinary health, education, and religious issues involving the children. Therefore, if the parents are granted joint legal custody, they generally share the decision making responsibilities with respect to these issues.
The second type of custody is physical custody, which refers to the location where the children will reside. The parent with primary physical custody will have the children primarily residing with him or her and will make the daily parenting decisions as to when the children eat, do their homework, take a bath, and go to bed.
In making decisions regarding legal and physical custody, the Courts in Minnesota will consider the best interests of the children. It is presumed that joint legal custody is in the best interests of the children. However, judges are more reluctant to award joint physical custody absent an agreement between the parents that such an arrangement is in the best interest of their children.
Once custody is decided by agreement of the parties or Order of the Court, it is difficult to change. To modify an existing custody order, the parent requesting the modification must identify and prove a change in circumstances that endangers the child's physical or emotional health. Alternatively, the person requesting a modification must prove that the custody schedule has been modified by agreement of the parties and that the children are now living with the noncustodial parent and have been integrated into the home of that parent. In that instance, the noncustodial parent may apply for a formal change in the previously ordered custodial arrangement.
Custody disputes and change of custody requests are very emotional and can become very costly for both parents. The possible ill effects on the children must always be considered any time custody becomes an issue. It is therefore very important to consult with an experienced family law attorney who can protect your interests and represent you zealously during this very trying time in your life and the lives of your children.
ABOUT THE AUTHOR: Joyce Cundy and Vincent Martin, Divorce Lawyers
Ms. Cundy has 25+ years of experience in the area of Family Law, including marriage dissolution, paternity, custody, visitation, child support, spousal maintenance, property division and domestic abuse. Ms. Cundy also practices in the area of Commitment Defense in Hennepin County and is presently developing a practice to provide mediation services in family law and other areas.
Copyright Vincent P. Martin, Esq.
More information about Vincent P. Martin, Esq.
While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
The second type of custody is physical custody, which refers to the location where the children will reside. The parent with primary physical custody will have the children primarily residing with him or her and will make the daily parenting decisions as to when the children eat, do their homework, take a bath, and go to bed.
In making decisions regarding legal and physical custody, the Courts in Minnesota will consider the best interests of the children. It is presumed that joint legal custody is in the best interests of the children. However, judges are more reluctant to award joint physical custody absent an agreement between the parents that such an arrangement is in the best interest of their children.
Once custody is decided by agreement of the parties or Order of the Court, it is difficult to change. To modify an existing custody order, the parent requesting the modification must identify and prove a change in circumstances that endangers the child's physical or emotional health. Alternatively, the person requesting a modification must prove that the custody schedule has been modified by agreement of the parties and that the children are now living with the noncustodial parent and have been integrated into the home of that parent. In that instance, the noncustodial parent may apply for a formal change in the previously ordered custodial arrangement.
Custody disputes and change of custody requests are very emotional and can become very costly for both parents. The possible ill effects on the children must always be considered any time custody becomes an issue. It is therefore very important to consult with an experienced family law attorney who can protect your interests and represent you zealously during this very trying time in your life and the lives of your children.
ABOUT THE AUTHOR: Joyce Cundy and Vincent Martin, Divorce Lawyers
Ms. Cundy has 25+ years of experience in the area of Family Law, including marriage dissolution, paternity, custody, visitation, child support, spousal maintenance, property division and domestic abuse. Ms. Cundy also practices in the area of Commitment Defense in Hennepin County and is presently developing a practice to provide mediation services in family law and other areas.
Copyright Vincent P. Martin, Esq.
More information about Vincent P. Martin, Esq.
View all articles published by Vincent P. Martin, Esq.
While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
