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What you should know about custody decisions in Minnesota

On Behalf of | Oct 2, 2024 | Child Custody

Child custody can either be legal or physical. Legal custody refers to the authority to make significant decisions about the child’s upbringing, while physical custody pertains to where the child resides. When co-parents cannot agree on how to share custody, the court will determine the way forward.

A parent’s gender or economic power should not sway custody decisions in Minnesota, contrary to popular belief. Instead, courts are required to prioritize the child’s best interests by considering various factors. These include:

  • The quality of the child’s relationship with each parent and how they are involved in the child’s life
  • The stability of each parent’s home environment
  • Each parent’s ability to care for the child
  • The willingness of each parent to support the child’s relationship with the other parent
  • Any other factors deemed relevant to the case

After reviewing these and other factors, the judge will decide if and how you will share custody. Remember, you do not have to share parenting time equally with your co-parent, even if you have joint custody. The court will decide on an appropriate arrangement based on the prevailing circumstances.

Child custody orders are not permanent

Court orders affecting the child during divorce, such as custody directives, are not meant to last forever. They can be amended if there has been a substantial change in circumstances since they came to be.

For instance, the existing custody arrangement may no longer be practical if one parent is no longer fit to discharge their parental duties or wishes to relocate out of state. The court may revise custody orders in such cases and whenever necessary.

Seeking experienced legal guidance, especially when children are involved in your divorce, is essential to successfully navigating such legal proceedings, protecting your parental rights and advocating for your child’s best interests.

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