When parents divorce in Minnesota, each parent is entitled to 25 percent custody and time with their child, so long as the parents are deemed mentally fit and safe. The court divides the remaining 50 percent if parents are unable to reach their own agreement. In recent years, however, some groups have started a push to amend these rules to require a more even presumption, commonly known as shared parenting.
It was recently reported that a growing number of state lawmakers throughout the U.S. are beginning to re-evaluate state child custody laws due to an increasing push from local advocates for shared or equal parenting rights. According to advocates for shared parenting, child custody laws that presume shared parenting time for both parents better serve the interests and well-being of their children.
Opponents of shared parenting laws, however, argue that courts need more flexibility when assigning child custody rights in order to serve the best interest of the child. The major concern among opponents is that limiting the discretion of the courts in such cases may be placing the parent's well- being or interests above those of the child. Others argue that existing laws create unnecessary conflict that harms children as well.
While Minnesota continues to presume only 25 percent custody rights for parents, it is possible for parents to agree to a shared parenting arrangement. When negotiating child custody rights, however, it is a good idea to have an experienced family law attorney to ensure the best outcome possible. From visitation rights and parenting time, to physical and legal custody of the child, there is more to child custody negotiations than most people think. Fortunately, legal professionals are available to ensure one's rights are protected.
Source: USA Today, "Shared parenting could be new divorce outcome," Jonathan Ellis, Jan. 27, 2014
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