Child custody cases can be stressful, particularly if they’re part of an ongoing divorce. You may worry about how the case could impact your relationship with your child and their well-being. Because these cases can significantly impact your and your child’s future, it’s crucial to work with a lawyer experienced in Minnesota child custody matters. For this reason, many people search for the best child custody lawyers in Minnesota.
Contact Terzich & Ort, LLP, to schedule a consultation with one of our family law attorneys. During your consultation, we’ll review the details of your case, go over your goals and concerns, and walk you through the next steps.
In Minnesota the law assigns labels to both legal and physical custody
This type of custody refers to the parent’s right to participate in making major decisions about their child’s education, health care, and religious upbringing.
This type of custody refers to the parent’s right to the routine daily care and control of their child.
The State’s courts can award legal and physical custody to parents either jointly or solely:
When parents share joint legal custody of children they must make decisions about education, health care and religious upbringing together.
Joint physical custody is more difficult to identify, as the label itself does not control how much time a parent will spend with a child. It means the parents are sharing in the routine daily care and control of a child and the child’s residence is shared between them. “Sharing” can mean the child spends equal time in both homes but it does not mandate the time be equal.
This is when one parent has the right to be the decision maker over educational, health care and religious matters. The other parent still has a right to be involved and receive information but ultimately cannot make decisions.
Sole physical custody is more difficult to identify, as the label itself does not control how much time a parent will spend with a child. It means the parents are not sharing in the routine daily care and control of a child and the child’s residence is not shared between them. Typically, under a sole physical custody label children are spending more time with the sole physical custodian, although the label itself does not mandate such an outcome.
In some cases, the parents decide the child custody arrangement before getting the courts involved. In these cases, they present their proposed arrangement to the courts and seek approval from a judge. Some Parents reach an arrangement through negotiations or mediation before seeking court approval.
In other cases, the courts must take a more active role in determining child custody. When court intervention is necessary, judges make decisions regarding custody based upon, the child’s best interests, known as “The Best Interest Factors.”
The courts have 12 best interests when determining child custody arrangements. Known as the “Best Interests Factors” the following 12 factors are used to weigh the impact of various custody options on the child and establish the best interest of child in the case:
Because the physical custody label does not define the amount of time children spend with each parent, Parenting Time must also be determined in child custody matters. Parenting time can be shared equally or divided in a manner where children spend more time with one parent. Parenting time can also be supervised if the child being alone with al parent may pose a risk.
Other parental rights include:
An alternative to using custody labels is the creation of a parenting plan. A Parenting Plan outlines how both parties intend to raise the child and include details like:
Our lawyers can work with you and your child’s other parent to draft a Parenting Plan. Once created the parenting plan is submitted to the Court for approval. Our firm is proud to be considered among the best child custody lawyers in Minnesota
Modifying an existing cusutody order or parenting plan may be necessary as circumstances change, and it is important to understand the latest custody factors. Either parent can file a motion to modify a custody order, parenting plan, or parenting time; depending on the circumstances there may be limits to how soon after the entry of an Order a modification request can be brought.. To secure a modification, you must give the other parent notice of your requested change in writing and attend a hearing. Depending upon the changes being requested the Court a trial might also be necessary. Again, decisions are made based upon the best interests of the children, and in some cases the higher standard of “endangerment” might need to be established.
For example, a modification may be necessary if your child’s other parent plans to move a significant distance away, if there’s a change in either parent’s ability to care for your child, or if your child’s needs have changed as they’ve grown. For these issues, you will need a skilled child arrangement lawyer.
Family law in Minnesota is constantly evolving. In a significant legislative update, certain factors affecting child custody and parenting time have been revised, which may impact your modification case. These November changes focus on:
Working with a lawyer who understands these latest Minnesota custody law updates is essential to protecting your rights and your child’s well-being.
Fathers seeking child custody may need to establish paternity before a court will consider granting them access to the child. Some of the ways fathers can establish paternity in Minnesota are:
Parents aren’t the only parties who can seek custody of minor children. Third parties, such as grandparents, can seek custody of children for various reasons, such as if the parents are no longer able to care for the child. When a third party seeks custody, the courts will still primarily consider the child’s best interests when making the decision.
A petition for child custody by a third party must include certain information about the person making the request, the child, and the child’s parents. Our lawyers can handle drafting this petition and submitting it to the court on your behalf.
Minnesota custody laws can feel confusing, especially if you’re dealing with them for the first time. Below, you’ll find clear answers to some of the most common questions parents ask our law firm about custody, legal rights, and the court process in Minnesota.
In Minnesota, custody is divided into legal custody (decision-making rights) and physical custody (where the child lives). Courts determine these arrangements based on the “Best Interest of the Child” standards, which evaluate 12 specific factors ranging from the child’s physical safety to their emotional development.
Legal custody gives a parent the right to make major decisions about a child’s upbringing. This includes decisions about their education, medical care, and religious upbringing. In Minnesota, courts presume an award of joint legal custody meets the best interest of the child unless there has been a history of domestic abuse between the parties.
Physical custody, on the other hand, refers to where a child lives and who takes care of their daily needs. This includes meals, routines, and transportation to school or activities. One parent might have sole physical custody, or both parents may share it. When parents share physical custody, it doesn’t always mean a 50/50 split. The parenting time schedule depends on what works best for the child.
Minnesota courts make custody and parenting time decisions based on what serves the best interests of the child, not the parents. To determine what is in a child’s best interests, judges must review 12 best interest factors outlined in state law. A thorough review of these factors gives the court a full picture of the child’s needs, the family’s situation, and each parent’s ability to provide a stable, supportive environment. The court considers each factor without giving special weight to any single one. Instead, it looks at how they all work together in the context of the child’s life.
Here are the 12 best interest factors under Minnesota law:
Judges look at evidence and testimony from both parents, and sometimes professionals like custody evaluators or guardians ad litem, to assess these factors. Their goal is to create a custody and parenting time arrangement that protects the child’s health, safety, development, and emotional stability.
If you’re not married to your child’s other parent, Minnesota law does not automatically recognize you as their legal father. You must take steps to establish paternity. You have two main ways to do so: by signing a Recognition of Parentage (ROP) form or by obtaining a court order.
The fastest option is to sign a ROP form. Both parents must sign and file this form with the Minnesota Department of Health. Once filed, this form grants you legal status as your child’s father. However, it does not automatically give you custody or parenting time rights. You must request those separately in court.
If your child’s other parent does not sign the ROP, you’ll need to ask the court to establish paternity. The court may order genetic testing to confirm that the child is, in fact, yours. Once the court confirms your paternity, you can request custody, parenting time, and child support orders.
Establishing paternity protects your rights and gives your child access to important benefits, including inclusion in your health insurance policy, inheritance rights, and the right to child support.
Every family situation is unique, and the “best interest” factors are applied differently in every case. To protect your parental rights and your child’s future, contact Terzich & Ort, LLP for a professional consultation. Our experienced attorneys will help you build a strategy tailored to your family’s needs.
For assistance with your Minnesota child custody case, contact Terzich & Ort, LLP, to schedule a consultation. Our lawyers have successfully helped parents like you achieve favorable outcomes in their custody cases and will advocate for your parental rights. A reliable child arrangement lawyer is a vital part of this process.
