Child Custody Attorneys in St. Cloud
Last updated on January 29, 2025
If parents were never married, or after parents get divorced, they often disagree as to how to share access to and time with their child(ren), as well as routine decisions regarding daily care. Conflicts often arise regarding parenting time (visitation) schedules, transitions between households, transportation, exchange or drop-off locations, selection of babysitters, holiday schedules, sharing of clothing and toys between households, discipline and numerous other issues.
Often parties are successfully able to come up with a parenting time schedule without going to court. These arrangements are often the most satisfying for the parents and children as it allows them to find the best solution for everyone involved. If custody is determined by the courts, it can be very expensive, time-consuming, and difficult emotionally for all parties, including the children. In all cases, the court will uses a “best interests” of the child analysis to determine who should get custody and a parenting time schedule of the children.
Understanding Legal And Physical Custody
There are two kinds of custody, “legal custody” and “physical custody.” “Legal custody” means the right to participate in decision-making and determining a child’s upbringing, including education, health care and religious training. “Physical custody” means the routine daily care, control and residence of the child.
In many cases, parenting time schedules need to be modified as the child matures or to accommodate changed circumstances, including employment schedules and living arrangements. Whether establishing an initial parenting plan, or modifying an existing schedule, our attorneys are child-focused and strive not only to resolve existing conflicts, but anticipate changes, so as to minimize future conflicts to the extent possible.
Minnesota Child Custody Guidelines
When dividing physical and legal custody, it’s important to understand the guidelines the court will follow and the factors they will consider. If the court has to make a custody ruling, they will focus on the child’s best interests, and the following factors may play a role:
● The child’s physical, medical, spiritual or emotional needs.
● The child’s age and whether they have a preference.
● The current parental relationships with the child.
● How to create the most stability for the child after divorce.
● Evidence of domestic abuse, substance abuse or criminal activity involving one of the parents.
● Relationships with extended family members or siblings.
● The parents’ history and parental roles – such as the primary breadwinner and the primary caretaker.
When considering these factors and others, the court can settle on sole custody or shared custody.
Additionally, the court can make an emergency ruling in some situations. This is often done if there is a risk of harm to the child or if their safety is in question. It can also be used if there is a risk of child abduction and it’s clear that one parent will not comply with the custody order. Courts do not take emergency orders lightly but will use them when necessary to protect the child.
Child Custody Modifications in Minnesota
It is also possible to request a change in parenting time. When courts are modifying a child custody agreement, they will consider whether there have been substantial changes since the time of the divorce. To request a change of custody in Minnesota, a parent needs to use Form CHC301.
Some modifications are made because there have been significant changes in the family’s life. For instance, a parent may want to move to take a new job, return to school or live closer to extended family members. If this changes how the parents can share custody or split parenting time, they need to get an official modification first.
In other cases, the court may make a modification if there’s a concern about the child’s safety. As noted above, courts always focus on the best interests of the child. They may change the custody arrangement if there is evidence of criminal activity, abuse, drug use or other concerns. In some cases, the court may take away custody rights but allow the parent to have supervised visitation to maintain a relationship with the child.
Get The Legal Help You Need For Your Child Custody Needs
You don’t have to walk this path alone. Talk to one of our experienced local child custody attorneys today. Call our law firm at 320-200-9805 or send us an email.