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Child Custody
Obtaining legal child custody means having the right to determine the child's upbringing – including education, health care and religion.
Under joint legal custody, both parents have equal rights and responsibilities, including the right to participate in major decisions that determine the child's upbringing.
A party has physical custody when he or she is responsible for the routine daily care, control, and residence of the child. Joint physical custody is an arrangement between the parties that meets these needs of the child. A custodial parent or custodian is the person who has the physical custody of the child at any particular time.
When determining child custody and support, the court will consider the best interests of the child. There are thirteen factors defined in Minnesota state law as factors to be considered when determining the best interests of the child (Minnesota Statute §518.17), but the list is not exhaustive:
- The wishes of the child's parent or parents as to custody
- The reasonable preference of the child, if the court deems the child to be of sufficient age to express preference
- The child's primary caretaker
- The intimacy of the relationship between each parent and the child
- The interaction and interrelationship of the child with the parent or parents, siblings and any other person who may significantly affect the child's best interest
- The child's adjustment to home, school and community
- The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
- The permanence, as a family unit, of the existing or proposed custodial home
- The mental health of all individuals involved; except that a disability in a proposed custodian or the child shall not be determinative of the custody of the child, unless the proposed custodial arrangement is not in the best interest of the child
- The capacity and disposition of the parties to give the child love, affection and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any
- The child's cultural background
- The effect on the child of the actions of an abuser, if related to domestic abuse, that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent
- Except in cases in which a finding of domestic abuse has been made, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child
In addition, there are special factors when joint custody is sought, and there are times when the child's preference is considered. Obviously, custody is an emotional part of a divorce, especially when each party feels better suited to parent the child, while convinced the other party is not suited to raise the child.
During a contested proceeding (where the couple disagrees about custody), a court-appointed neutral expert may be appointed to evaluate each parent and recommend the custody framework. Each parent may also hire his or her own expert to do the same. In some cases, the court may appoint a Guardian ad Litem, who is a person appointed by the court to represent the best interest of the child or children involved.
Any change to custody can be quite difficult, as it requires evidence the child is endangered in his or her current environment. The law favors stability in the child's life wherever possible.
Contact us to learn more and to find out how we can help you with your child custody needs.
Read the Minnesota Statute on child custody:
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