Child Custody

Minnesota Custody Lawyer

Many divorcing couples have minor children. Each parent may want sole custody or one parent might when the other wants joint custody. There are a number of scenarios that can come about. However, it is in the interest of the court to ensure that the living arrangement for the child is one that is in the best interest of the child.

There are two types of child custody:

  • Physical custody – The parent who has the day-to-day responsibility of caring for the child
  • Legal custody – Responsible for making major decisions for the child, such as education and their health

Both physical and legal custody can be the responsibility of one parent or both parents can share the responsibility. If there are any disputes regarding this, your custody lawyer can help.

Best Interest Of The Child Factors

In custody cases, the court goes by what is called the “Best Interest of the Child” Standard. There are thirteen factors that are considered and they are:

  • The wishes of the parents
  • The child’s primary caretaker
  • The preference of the child if the child is of an age that enables them to make the decision
  • The relationship of the child with each parent
  • The interaction the child has with each parent and any siblings
  • How the child adjusts to home, the community, and school
  • The permanence of the current custodial home
  • How long the child has lived in a stable home environment and the benefits of continuity
  • The physical and mental health of all parties without regard to any disability the parent may have
  • The capacity of each parent to give the child the love, affection, religious and cultural education required
  • Cultural background
  • The position of each parent to allow the other parent to maintain a relationship with the child
  • If domestic abuse is present, the effect that the actions of the abuser has had on that child

Your Twin Cities divorce lawyer will help you understand this process and will also provide you with the necessary guidance during the process.

Parenting Time And Child Support

If parents share custody of a child, their parenting time is usually equal. If one parent is awarded primary physical custody, the non-custodial parent does spend time with the child, but that time is significantly less than what the custodial parent spends with the child.

When it comes to determining child support, the amount of parenting time a parent spends with the child has an impact on how much child support is paid to the custodial parent by the non-custodial parent. Parenting time has more of an impact than who has custody on how much child support is awarded.

Contact A Twin Cities Divorce Lawyer

It is important to do what is in the best interest of the children. Having a qualified attorney working with you will help ensure this. It is also a must that as much stress is removed from the process as possible so that it moves smoothly. To receive help resolving custody issues, call the Liebmann Law Office at 952-882-1227 for a free 30 minute phone consultation today.