Child custody disputes can be complicated. Too often parents get hung up on the wrong issues. The legal terminology in Minnesota child custody cases can be misleading. Terms like "custodial parent" can leave parents with the false impression that one party has a larger role in the child's life than the other. Rather than focusing on such side issues, the focus should really be on parenting time and visitation rights.
In child custody cases, parents are required to negotiate certain rights pertaining to minor children. These rights include legal custody, physical custody, and visitation rights. For those unfamiliar with the language, physical custody refers to the person with whom the child resides the majority of the time, whereas legal custody is the right to make decisions concerning a child's upbringing like their health care and education.
With any custody issue, the court has the right to grant either joint or sole custody. Joint custody is shared between both parents, whereas sole custody is granted to just one parent. When it comes to the physical custody of children, this can be a contentious point. However, the terms "joint custody" and "sole custody" are far less important than some parents think. The real issue of importance is the actual parenting time.
To the surprise of many parents it is possible for the court to theoretically grant a couple a 90/10 split in parenting time while granting the couple joint physical custody. Similarly, the court could also grant a couple essentially equal parenting time while giving one parent sole custody. The point is to understand what is really important; because getting caught up over labels can be a huge waste of time and energy.
Source: Star Tribune, "Custody. Let's Ditch the Labels and Talk About Something Meaningful," Jason Brown, Aug. 13, 2013
