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There are two type of custody under Minnesota law: (1) physical custody; and (2) legal custody. Physical custody involves the day to day care of a child, while legal custody involves key decisions concerning a child's education, healthcare and religion. The "best interest of the child" standard applies.
When parents in Minnesota face disputes over custody, parenting time, or co-parenting challenges, the legal process can be expensive, slow, and frustrating. Traditional litigation is not always the best path for resolving family disputes, especially when children are involved. Fortunately, Minnesota parents have an alternative: hiring a Parenting Consultant (PC).
A Parenting Consultant is…
Navigating the complexities of child custody and parenting time in Minnesota becomes particularly challenging when one spouse struggles with alcoholism. The primary concern in such cases is ensuring the child’s safety and well-being. Minnesota courts prioritize the child’s best interests, and a parent’s substance abuse can significantly influence custody determinations. Alcohol-related issues can drive the…
Minnesota family courts are seeing an increasing trend in the use of Brief Focused Assessments (BFA) to assist in custody and parenting time disputes. As families navigate complex custody issues, courts and attorneys are seeking alternatives to traditional custody evaluations that are more efficient, cost-effective, and tailored to specific concerns. This article explores what a…
Child custody disputes can be among the most contentious legal battles, particularly when multiple states are involved. To address jurisdictional conflicts and ensure stability for children, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) was established. Minnesota, like most states, has adopted the UCCJEA, which plays a crucial role in determining which state has…
In Minnesota, there is no set age at which a child can independently decide which parent they want to live with following a divorce or custody dispute. However, the court will consider the child’s preferences if the child is deemed mature enough to express thoughtful and independent opinions about the parenting time schedule. While the…
Under Minnesota law, there are two types of child custody: physical custody and legal custody. Legal custody involves the right to make important decisions for the child, including decisions about education, health care, and religion. Physical custody is the right to make decisions about the routine day-to-day activities of the child and where the child…
The Pilot Project allows approved Minnesota legal paraprofessionals (paralegals), like our own Pam Martin, to represent and advise clients in select family law cases with an attorney’s supervision. In some cases, a paralegal can represent a client in court.
The goal of the program is to increase access to legal representation in cases where one…
It was a privilege to offer a recent presentation to the Minnesota Judicial Branch concerning domestic abuse issues – my third invitation to teach over the last two years.
Over 130 judges and law clerks were in attendance to learn about the four types of cases that can result from an allegation of child abuse:…
Custody cases in Minnesota are complex if the parties do not agree. Legal custody, physical custody and parenting time disputes involve an entangled set of ever-evolving statutes and caselaw. Alcoholism, drug abuse, mental illness, domestic abuse, special needs, and child development are just a few of the issues that must be addressed.
Where should you…
While divorces are very emotional and strenuous for parents, they can be equally as difficult for the children. One alternative-parenting schedule is referred to as bird nesting or “nesting.” This type of parenting plan is designed to limit the disruption to the children’s normal schedule after a divorce. Nesting requires the parents to move homes…
