Child Custody in Minnesota
CHILD CUSTODY IN MINNESOTA—THE BEST INTERESTS OF THE CHILD STANDARD
During a separation or divorce, it is important to consider certain issues that may affect your child(ren). While it is preferred that parents come to a mutual agreement on child custody, a court will determine custody if an agreement cannot be reached. Being prepared to address any custody concerns at your first hearing is the first step to obtaining a favorable result.
In Minnesota, there are two types of child custody. “Legal custody” is the right to make decisions regarding how a child is raised—such as education, health care, or religion decisions. “Physical custody” is the right to make decisions about routine day-to-day activities of a child (including where the child lives). Depending on the circumstances, parents may either have joint (shared) custody, or one of them may be awarded sole custody. Whenever a Minnesota family court judge makes a custody determination, he or she must focus on one overarching principle—whether the decision will be in the “best interests” of the child.
How Judges Determine the Best Interests of the Child
While it is generally presumed that having both parents involved in a child’s life is in the child’s best interest, and that both parents are capable of positively influencing the child’s upbringing, many parents mistakenly believe that arrangements providing themselves with full custody and more parenting time automatically is in the best interest of their child. Instead, under Minnesota law, there are a number of specific factors that courts must consider when evaluating the best interests of the child for purposes of determining custody and parenting time issues. These factors can be broken down into five categories:
1. The Child’s Needs
Family law judges will consider the child’s physical and emotional needs and the effect the proposed custody arrangements would have on the child’s development. Furthermore, if the child has special medical, mental health, or educational needs, courts may inquire into whether special arrangements need to be made (including access to recommended services).
2. The Child’s Wishes
Because a judge’s custody order is primarily based on the best interests of the child(ren) involved, it is reasonable to see why courts would determine the child’s own preferences and wishes. While some states do not give weight to the wishes of children under a certain age, Minnesota courts will consider the reasonable preference of the child, as long as the court is satisfied that the child is mature enough to express an independent and reliable preference.
3. Parenting Issues
Conduct of a parent that is detrimental to the health and safety of a child is not in that child’s best interest. Whether domestic abuse has occurred in the parents’ or either parent’s household will weigh heavily in a judge’s custody decision. The nature and context of the abuse will certainly be considered, as well as any implications the abuse has on the child’s safety and well-being. Courts will also assess any physical, emotional, or chemical health issues of a parent that negatively affects the child’s safety or development. Furthermore, the history and nature of each parent’s participation in caring for the child, as well as each parent’s willingness and ability to provide ongoing childcare will be examined by the court.
4. The Child’s Ability to Adjust
If possible, custody arrangements that limit sudden changes in a child’s life are preferred. Therefore, courts will carefully assess the effect a proposed custody plan would have on the child’s development at home, school, and in the community. Furthermore, custody arrangements that promote and maintain ongoing relationships between the child and his or her family are favored. Both the benefit to the child in maximizing parenting time with both parents, and the detriment to the child in limiting parenting time with either parent will be considered.
5. The Parents’ Ability to Cooperate
Except in situations where domestic abuse has occurred, judges will strongly favor the willingness of both parents to support the child’s relationship with the other parent. The willingness of both parents to cooperate in raising their child, the mutual sharing of information, and the practices used for resolving disputes will be reviewed by the court.
Contact a Family Law Attorney Now
Courts are afforded a great deal of discretion in deciding which child custody plan is appropriate. While, at first glance, the “best interests of the child” standard may seem clear, it often comes down to a judgment call by the judge. There are many processes involved and many possible options to consider when it comes to decision-making, and where the child(ren) will spend their time. In order to obtain the best possible outcome, you should contact an experienced divorce attorney or child custody lawyer. You can lean on the compassionate attorneys at RAM Law PLLC, allowing you to focus on the most important thing—your children. Contact us now to schedule your free consultation.