In Minnesota, as is the case in many other states, there are two kinds of child custody, physical and legal. A parent who is granted physical custody has the right to make decisions regarding where the child lives and his or her day-to-day activities. A parent who is given legal custody has the right to make decisions regarding a child's religious instruction, health care and education.
Depending on the situation, parents may share legal and/or physical custody, also known as joint custody. Alternatively, one parent may be granted sole legal and/or physical custody. It is important to note that it is possible for different children within one family to have individual child custody arrangements.
In order for a judge to decide on a custody issue, the child must have resided with a parent or guardian for a period of at least 180 consecutive days before the court process can begin. However, exceptions can be made in an emergency. In cases where one parent lives in Minnesota and the other lives in another state, the case might become more complicated.
Child custody cases involve a great deal of documentation. This may be compounded when the two sides cannot agree. A family law attorney may be able to help a parent who is facing a complicated child custody issue such as a custody disagreement or interstate custody arrangements. Depending on the situation, the attorney may be able to help negotiate a comprehensive divorce agreement that includes child custody arrangements as well as parenting time for the non-custodial parent. If there are contested child custody issues that remain following the negotiation process, mediation or litigation may be required.
Source: Minnesota Judicial Branch, "Basics on Child Custody & Parenting Time", August 19, 2014
Source: Minnesota Judicial Branch, "Basics on Child Custody & Parenting Time", August 19, 2014
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