Child Custody & Parenting Time / Visitation

Serving the entire Twin Cities Metro in all areas of Family Law

Child Custody, Parenting Time & Visitation are typically the most complex and emotionally charged issues that need to be worked out in a family law matter. Minnesota law states that custody issues to be resolved in a manner that represents the best interests of the child. Amundson Law Office handles custody cases under all circumstances, whether you are working through a divorce, are pursuing a modification to a previous custody agreement, or have children but were never maried, we can help.

The Best Interest of the Child Statute

The "Best Interest of the Child" standard is taken from section 518.17 of the 2010 Minnesota Statutes. The Statute can be seen in it's entirety by clicking here. The first three factors that are taken into consideration:

• The wishes of the child's parent or parents as to custody
  • This is relatively straightforward. It means that if both parents agree to a custody arrangement and / or visitation schedule that the court will normally honor it.
• The reasonable preference of the child, if the court deems the child to be of sufficient age to express preference
  • This is often misunderstood. While the child's input is relevant to the decision making process, determining the "sufficient age to express preference" can be a complex issue.
• The child's primary caretaker
  • While this is an important factor, it does not mean that the primary caretaker is automatically awarded custody.

It is not uncommon for parents to disagree on child custody or visitation. However, while disagreement is common, it's important for both parties to understand that getting into emotionally charged arguments about what is best for the kids is typically destructive and does not move the situation towards the best resolution.

Custody definitions

Physical Custody
Physical custody refers to the parent who is granted the right to have a child live with him or her. While this does give the parent with physical custody more control over the day-to-day decisions around raising the child, it does not give them total control over every aspect of the child's life.

Legal Custody
Legal custody of a child means having the right and the obligation to make decisions about a child's upbringing. A parent with legal custody can make decisions about schooling, religion, and medical care, for example. In many cases, courts regularly award joint legal custody, which means that the decision making is shared by both parents.

Sole Custody
One parent can have either sole legal custody or sole physical custody of a child. Sole custody may be awarded in situations where the Court has been presented specific factors indicating that one parent is unfit. It is important to understand that sole custody is awarded based on the Court's specific criteria and not simply what one parent thinks of the other.

Joint Custody
Parents who don't live together have joint custody (also called shared custody) when they share the decision-making responsibilities for, and/or physical control and custody of, their children. Joint custody can exist if the parents are divorced, separated, or no longer cohabiting.

Joint custody may be:

• joint legal custody (where both parents make decisions about a child's upbringing)
  
• joint physical custody (where the children spend a significant portion of time with each parent), or
  
• joint legal and physical custody.
  

Free Initial Consultation with an Eagan Child Custody Lawyer

If you are facing a child custody issue and do not know how to initiate the process, take advantage of our free consultation. Our office is located off of Cedar Avenue and Cliff road between Eagan and Burnsville, and is also very easily accessible from Apple Valley. Call 651.209-0209 to speak with an effective and experienced child custody lawyer today.

 

Lisa Amundson Law Office, P.A.
4660 Slater Road, Suite 128
Eagan, Minnesota 55122

Phone: (651) 209-0209
Fax: (651) 209-0208