Protecting Your Family’s Future
Determining child custody is typically the most difficult part of a divorce. While it’s typical for there to be animosity and anger between the divorcing spouses, Minnesota courts will allow both parents to have a role in their child’s life except for in extreme circumstances involving substance abuse (an extended, documented history of excessive drinking or drug use), severe mental illness, or a history of physical abuse. If you need immediate protection orders, a family law attorney can help.
Legal vs. Physical Custody
Minnesota’s custody laws recognize two distinct types of custody; legal custody and physical custody.
- Legal Custody – Legal custody refers to the right to make major life decisions on behalf of the child. This typically includes decisions about healthcare, education, and religious up-bringing.
- Physical Custody – Physical custody refers to the residence and daily care of a minor child. Physical custody is not the same as parenting time, which does not necessarily involve the on-going day-to-day care of a child.
Sole Custody vs. Joint Custody
There are many times people contact a child custody lawyer and ask for “full custody” or “sole custody” meaning they would like to eliminate the other parent’s rights to see the child all together. Historically, Minnesota family law courts have reserved granting sole custody except in very extreme situations. A lot of divorced spouses will pursue “full custody” of their children not really fully understanding what it is. It’s very normal to be upset or resentful towards your spouse. However, “suing for full custody” is typically NOT the best legal, or practical answer. Talk to a lawyer about your specific situation to get a better idea of how Minnesota’s child custody laws apply to your unique situation.
Getting along with your Ex-Spouse
It can be very difficult to get along with your ex-spouse and an experienced child custody lawyer will help you focus on the legal and financial elements of the plan which can help you feel more in control of the emotional elements. The fact is divorce brings a lot of adjustment for both parents and children and remaining flexible and patient is usually the best course of action for everyone involved. That said, if your ex-spouse is disregarding court orders or consistently not following the custody agreement, a family law attorney can get the courts involved and bring enforcement actions.
The Best Interest of the Child
Minnesota family law and family courts rely on the phrase “The Best Interest of the Child” quite often. The idea behind it is that while the minor children mother and father probably have very strong opinions about how things should happen, the courts look to serve the best interest of the child. Quite honestly, divorcing spouses would do well to try to adopt this attitude as their own. While putting aside your feelings and resentment towards your ex-spouse can be very difficult, it is quite often the best move from both a practical and a strategic standpoint.
Child Custody – What if They Ignore The Orders?
What do you do when you have a custody arrangement, but your spouse, ex-wife, ex-husand is NOT following the custody arrangement? late pick ups, arguments about weekends, violating what’s allowed and what’s not.
