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Basics on Minnesota Child Custody

Probably the most frequently asked question of Minnesota family law lawyers is how Minnesota child custody laws work. Most clients want sole or shared custody of the children, but they’re not really sure how it works or even what that means. The first thing you need to know about Minnesota child custody is that there are two kinds of child custody in Minnesota – legal and physical.

Legal Custody deals with decisions having to do with a child’s health care (including dental), religious and educational upbringing. Legal custody is often simplified to: doctor, preacher, teacher. In Minnesota child custody law, legal custody is presumed to be joint, requiring both parents to collaborate when making the decisions affecting their child’s development. While some Minnesota family lawyers may advise their clients that joint legal custody does not restrict one parent from unilaterally making legal custody decisions, the courts will often intervene, and may even penalize, a parent who denies the other legal custodial parent’s right to participate in the decision-making process.

If a court is considering joint legal custody between both parents, it must also consider factors placed in the statute that should be used to determine whether joint legal custody is advisable. Specifically, the court will look at the ability of the parents to cooperate, if they have the ability to work together to resolve any differences they may have about the child or children, if it would be detrimental for one parent to have sole custody, and whether there has been any domestic abuse in the relationship between the parties.

Physical Custody deals with the routine daily care and control and residence of the child. Physical custody is often simplified as, “where a child lays his or her head at night.” Physical custody can rest with one parent as “sole” physical custody or with both parents who would then have “joint” physical custody.

A lot of parents believe physical custody also dictates visitation rights in Minnesota. Visitation rights in Minnesota are actually referred to as parenting time, which has to do with the specific schedule each parent has with the child or children. Parenting time is separate from custody and will be discussed in greater depth in a future blog.

Legal custody and physical custody in Minnesota can be determined by the court, but is more often determined through collaboration between the parents to develop a custodial arrangement that is in the child’s best interests and works best for each parent. If you would like to determine legal and physical custody rights for your child, contact us to discuss the specific facts of your case.

Responsibilities of a Guardian Ad Litem

Sometimes there are more parties in a Minnesota child custody case than just the mother and the father. Sometimes the court will appoint a Guardian Ad Litem (GAL) to represent the interests of the child and advise the court with respect to custody and parenting time. Sometimes this appointment is mandatory, such as in cases where the court has reason to believe the child is a victim of domestic abuse or neglect, and sometimes this appointment is only permissive, meaning the court can, but does not have to, appoint a GAL. Due to budget constraints, permissive appointments are becoming less available. Obviously, some counties have more resources available than others.

Pursuant to Minnesota statute §518.165, subd.2a, when a GAL is appointed to a Minnesota family law case, the GAL has the following responsibilities:

1) to conduct an independent investigation to determine the facts relevant to the situation of the child and the family; this investigation must include:

reviewing relevant documents;
meeting with and observing the child in the home setting and considering the child’s wishes, as appropriate; and
interviewing parents, caregivers, and others with knowledge relevant to the case.

2) to advocate for the child’s best interests and for appropriate community services;

3) to maintain confidentiality of information;

4) to monitor the child’s best interests throughout the proceedings; and

5) to present written reports on the child’s best interests.

The information gathered and presented to the court by the GAL is very persuasive. The court is likely to order something substantially the same or similar to the recommendations of the guardian. To discuss whether appointment of a Guardian Ad Litem might be appropriate in your case, our Minnesota family lawyers can offer you a consultation.

What to Consider for Each Age Group When Raising a Child

Every child is affected differently by divorce and their needs can heavily depend on their age. It’s important to know what the basic needs are for each age group, what can help them cope, and what situations the child may be facing at that age. Age groups can be classified into four categories: infants and toddlers, preschoolers, elementary middle-schoolers, and adolescents. Continue reading “What to Consider for Each Age Group When Raising a Child”

Meeting to Discuss the Parenting Plan

We’ve talked about the importance of creating a parenting plan, and how the individual ages of your children will play a significant role in that plan. As you prepare to have that meeting with the other parent, here are a few tips to make it a successful one.
Pick a Location
Choose a place to meet the other parent that is neutral for both parties and quiet enough to concentrate on the matter at hand. This should be a safe place where both of you can discuss the necessary topics without feeling threatened or oppressed.

Set Expectations for Duration
Set realistic expectations ahead of time for how long the meeting will take. Be sure to give yourselves enough time to accomplish your goals, but don’t spend so much time at once that you’re tempted to become frustrated or exhausted. If necessary, plan for two shorter meetings instead of one long, grueling one.

Prepare to Listen and be Respectful
Arrive at the meeting ready to genuinely listen to each other. If all you’ve planned for is talking, that may be all you do. Know in advance that the meeting will work best if each party makes conscious effort to listen quietly for part of the time. In addition to listening, prepare yourself to speak respectfully to the other parent.

Be Ready to Admit When You’re Wrong
Mistakes happen, and your meeting is likely no exception. Being mature enough to apologize when those mistakes are made, or when the wrong thing slips out, will show the other parent that you’re taking this seriously.

Stay Focused
It might help to periodically remind yourself why you’re at this meeting. You’re creating a parenting plan for your kids. Focus on your children at every step, and keep the meeting concentrated on what’s ultimately best for them. To that end, be specific at all times, and don’t assume the other parent knows exactly what you mean.

Relax
If you go into the meeting tense, angry, or nervous, there’s a good chance it will be both ineffective and unpleasant for you both. If it helps, agree on a good breaking point to stand up, drink some water, and take a few deep breaths. You can control yourself, and staying relaxed makes it much easier.

Know When to End the Meeting
If either party is having difficulty with any of these, or if tensions simply run too high, acknowledge it openly, and agree to give it another try when you’re both more up to the challenge. It will help if you’re determined to make this meeting work, but not if your determination supersedes your judgment or ability to reason.

Consider these tips, brought to you by our divorce attorneys , and remind yourself what’s most important–not just for the parenting plan, but for your children in the long term. We’re here to help; if you have questions, or are interested in learning more about our services, please let us know.