Child Custody
Our Minnesota family law attorneys can help solve child custody disputes when you and your spouse are getting a divorce. There are two types of custody – legal and physical. The court will make a determination in your divorce case about who gets child custody, but our professional attorneys will help present your case so you get a fair shot in court.
Types of Custody
Legal custody consists of making major decisions for your child, including their health, education, and religious upbringing. The parent who has legal custody has the main responsibility for the child.
Physical Custody
The parent who is granted physical custody of the child is responsible for the day-to-day care of the child. Usually, the child lives with this parent.
Physical custody is generally shared by both parents as joint physical custody. In this case, there is a structured agreement between both parents, where each parent is granted at least 45 percent of time with the child. Judges often grant this type of custody when both parents live close to each other and when they get along well. In addition, joint physical custody also means paying less child support.
On the other hand, when there is sole physical custody this means that one parent gets primary custody of the child. The other parent is granted parenting time with the child so they can visit and spend time together. The amount of time granted is used to calculate the amount of child support that the non-custodial parent has to pay.
How Are Custody Cases Decided
When deciding custody cases, courts use the “Best Interests of the Child” standard. As the name suggests, courts take into account what is in the best interest of the child. Some of the things that the court considers include the child’s preference, if they are a certain age, the closeness of the child with each parent, the environment the child will be surrounded by, and the cultural background of the child and parents. Other factors are also considered to help find the best possible fit for the child for a productive and healthy lifestyle.
Custody Modifications
If the circumstances of either parent or the child change following the divorce, the court can issue a post-decree custody modification. This means the parent which the child stays with, and/or the parent which makes major decisions about the child, can be changed based on the best interest of the child. See our Child Custody Modification page for details.
Free Consultation
If you are going through a child custody dispute with an ex-spouse, call the Minnesota family law experts at Clausen & Hassan, LLC, at 651-647-0087. We can answer your questions and give you information on the best way to settle the dispute amicably and favorably in a way that is in the best interests of the child.
