Laws are not set in stone, including the family laws that impact family's futures and well-being. When societal norms change and/or when laws just don't seem to be serving the best interest of society, it is up to lawmakers and citizens to act.
The question is, do child custody laws in Minnesota and across the U.S. need a major transformation? For decades, child custody cases seem to have gone in one popular direction: one parent gets primary physical custody of their child or children. Should that no longer be the norm?
Not all family law cases involve children, but when they do, the priority in regards to resolving the matter is to protect the well-being of a child and what's best for his present and future. Some family-focused groups argue that a child spending the majority or all of his time with one custodial parent might not be ideal.
Lawmakers in various states have proposed that family courts should prioritize what they call "shared parenting." Basically, such child custody proposals suggest that children would be best served by spending equal time with both of their parents. A shared parenting proposal was introduced in Minnesota but did not move forward.
There can be a variety of child custody arrangements in Minnesota, though that depends on the families behind each case. If both parents are stable and they work together, perhaps through a collaborative process, they can come up with a shared parenting arrangement. Maybe they want to split their time completely equally. Maybe they want a 40/60 percent division of time with their kids. Through collaboration, parents can decide what is best for their children.
When it comes to the courts in Minnesota child custody cases, it is common for physical custody to be awarded so that one parent has the child most of the time. In some or even many cases, that might be what is in a child's best interest, particularly when the other parent is abusive or abuses alcohol or drugs.
A child custody lawyer can explain the Minnesota legal norms to parents and how the parents might secure the arrangement that they believe is best for them and their children.
Source: USA Today, "Shared parenting could be new divorce outcome," Jonathan Ellis, Jan. 27, 2014
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