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Custody arrangements in Minnesota

Parents can follow this basic information pertaining to child custody in Minnesota. This information is for parents who are divorced or those who only have a child together. There are two issues when it comes to custody of a child. Legal custody and physical custody are the two types in the state. Legal is when the parent has the right to make decisions for the wellbeing of the child or any legal decisions. Physical custody is when the child lives with the parent all of the time or shares time spent between both parents.

Parenting time is something that is commonly called visitation. If the child is removed from the home of one or both parents, then the absent parent could have visitation with the child. This is often in the home with a caseworker or at a social services office. The time spent with the child is often ordered by a court.

In order for a judge to answer any child custody issues, the child must be a resident of the state for at least 180 days. The child must live with the parent for at least six months consecutively. An attorney can help with any paperwork that is required to file for child custody or visitation.

In the event that the parents cannot reach a decision about custody, then an attorney can help in getting the case heard in court so that a judge can make the final decision. An emergency order could be issued if there is a potential for danger if the child is with one parent or both. An attorney will need to file the paperwork in the court for the ex parte order to be issued so that the child is removed from the care of the parent.

Source: Minnesota Judicial Branch, "Basics on Child Custody & Parenting Time", September 28, 2014

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