Minnesota Child Custody Lawyers

Minnesota family courts aim to achieve a mutual agreement between both parties (i.e., parents) to minimize the amount of trauma and disruption in a child’s life. The court will encourage parents to settle issues and create a preliminary child custody agreement before drafting any legally binding documents. If an agreement cannot be met between former spouses or unmarried partners, the family court will determine custody arrangements based on the child’s best interest. Judges often consider a variety of factors in child custody disputes, including the following:

• Wishes of parents;
• Wishes of child or children;
• Current parental caretaking roles;
• Depth of relationship among parent and child;
• Mental and physical health of parent and child;
• Child’s proposed or existing home, school, culture, and community;
• Permanence, stability, and continuity of proposed custodial home;
• Proximity of custodial home to both parents and family;
• Existing chemical or domestic abuse issues.

Aside from the best interest factors listed above, family courts also evaluate each parent’s ability to offer proper love, guidance, and education to the child. Each parent’s willingness to participate in and encourage the child’s upbringing and maintain contact between the other parent and children is considered. The court’s final decision can also depend on whether the parents pursue legal, physical, sole, or joint custody.

When pursuing child custody in Minnesota, it’s essential to determine your role as a parent. Legal custody indicates which parent will make important decisions regarding a child’s medical care, religion, upbringing, and education. Physical custody refers to the parent responsible for where the child physically lives, their routines, and regular care. Identifying whether you will be asking for sole or joint custody with a former spouse or partner is also a vital part of establishing legal and physical custody. If the court feels that one or both parents are compromising a child’s well-being, a Guardian ad Litem will be appointed to make recommendations regarding the visitation and custody arrangements that will work in the best interest of the child.

Minnesota allows parents to pursue either sole or joint custody of a child. Under sole custody, one parent assumes complete control of the child’s living situation, upbringing, and important life decisions. Most non-custodial parents are allowed scheduled parenting time or visitation under a finalized court order.   In joint custody arrangements, parents are awarded equitable time with their children and aim to make significant decisions together as co-parents. In these situations, courts consider additional best interest factors before their ruling, including:

• The ability of both parents to cooperate in healthy child-rearing
• The methods (and willingness of each parent to employ these methods) for resolving any major child-related disputes
• Whether one parent retaining sole custody would be detrimental to a child’s well-being
• If domestic abuse has happened between the parents

It’s crucial to ensure your parental rights are protected when entering either a sole or joint custody agreement. CJB Law can help explore your options and assess your unique circumstances to plan a successful course of action that makes sense for your situation.

Determining child custody arrangements can often be complicated, especially when parents can’t reach an agreement without in-court litigation. Whether you’re able to successfully settle before it comes to that point or you ultimately need to go to court, you can count on the team at CJB Law to simplify this complicated and stressful process. Below you can explore a brief overview of what to expect during your child custody case in Minnesota:

• Summons and petition, or counter-petition – Filing a petition (or counter) is the first step necessary to start proceeding with the case.

• Strategizing and case-building – The attorneys at CJB Law gather all appropriate documentation, evidence, and information that will be useful in your case and begin crafting a course of action tailored entirely to your situation.

• Various analyses – Next, multiple assessments of outstanding issues between parents and an evaluation of child support and visitation plans will help provide a solid background when settling on an equitable parenting plan.

• Settlement efforts – Once the preliminary investigation into pursuing your parental rights is complete, your attorney will attempt to settle the child custody issue outside of court to avoid any stress on you, your child, and your former spouse or partner.

• Litigation – If a favorable agreement cannot be made, your child custody case will go into litigation in front of family courts. This can result in depositions, formal discovery, expert testimony, psychological evaluations, and ultimately, trial. CJB Law aims to reach an agreeable settlement that keeps you and your child out of court.
• Conclusion – After everything is settled in court, the court sets a final decree or child custody order, a legally binding agreement that both parties must adhere to until appealed and modified.

Settling child custody cases is never a simple task, and we understand how nerve-wracking this process can be to a parent. Put your trust in the team of Minnesota child custody attorneys at CJB Law to wrap up your case quickly and keep your child safe today.