Podcast: Establishing Physical & Legal Custody Under Minnesota’s Best Interest Standard

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In this edition of The Family Law Show, we offer an overview of the standards Minnesota judges use in determining the physical and legal custody of children. Custody is an emotionally-charged issue, with a lot of uncertainty for parents and kids. Topics in this podcast include the difference between physical custody and legal custody, joint custody as compared to sole custody, the "best interest of the child" factors and the key facts judges look toward in making custody decisions. Run Time: 12:52 « Continue »

What Do I Have To Prove In Order To Modify Custody?

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Modification of the physical custody of a child is one of the more difficult things to do in family court. Although we've successfully moved for modification many times, careful consideration is given as to whether the request should be brought in the first place. When the court deals with physical custody the first time around, the "best interest of the child" standard applies. The judge takes into account 13 factors, such as who has served as the primary caretaker for a child, the stability of the home environment of each parent, and the wishes of the children, if of suitable age and maturity. But what if several years after the entry of the initial custody order a parent seeks to « Continue »

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