While no divorce is ever an easy path to walk, it can become much more emotionally intense when children are involved. The process of determining child custody and parenting time here in Minnesota or in any other state is rarely cut and dry, as a potentially evolving law in a neighboring state demonstrates.
Managing child custody disputes during the holidays
The holidays can be stressful for divorced parents. Even when child custody matters such as legal custody and physical custody have been settled, it is not uncommon for disputes over parenting time and visitation rights to come up. This is especially true during the holiday season when conflict between couples is often heightened. Fortunately, conflict related to child custody can be avoided. Minnesota readers may find the following advice on parenting time planning during the holiday season helpful.
Father's rights and changing trends in custody
When parents divorce child custody is usually a central issue. In every child custody case, the court must assign both physical custody rights and legal custody rights. In most child custody cases, parents receive joint legal custody of their children. This means that both parents have a voice over how a child is raised. Physical custody, however, is generally assigned to one parent, while the other parent receives visitation rights.
Minnesota business helps parents collect child support
When parents divorce one parent is generally identified as the custodial parent. The custodial parent is the parent with physical custody or more allocated parenting time. The non-custodial parent is usually granted visitation rights and is also the parent that pays child support. In most states, if a parent fails to make a support payment the other parent can seek help in court. A Minnesota company, however, is providing parents with a new method.
Protecting parental interests in child custody disputes
Negotiating child custody agreements can be difficult, especially when geography is an issue. Even in the best situations couples disagree on visitation rights and parenting plans, imagine how difficult this can be if one spouse decides to relocate. Nevertheless an agreement must be made, and that is where the aid of an experienced family law attorney and a strong understanding of the family courts are essential.
The role of terminology in child custody disputes
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.
Child custody and the changing demographics of marriage
Not long ago it was presumed, if not guaranteed, that mothers got the children in a divorce and fathers paid child support and alimony. Over the last 50 years, however, the make up of the modern American family has changed dramatically. For example, according to the U.S. Bureau of Labor Statistics about 71 percent of mothers are members of the workforce and approximately 30 percent out earn their husbands.
Contest child custody hearing and the presumed minimum
Last year there were considerable discussions in the Minnesota State House and Senate about potential changes to the existing parenting time presumption that exists in contested child custody cases. Under current Minnesota law, parents in contested child custody proceedings are entitled to a minimum of 25 percent parenting time with their child, while the rest of the parenting time is either negotiated between the parties themselves or it is set by the court.
Appealing a child custody ruling for judicial bias
In Minnesota, child custody decisions are based on an evaluation of the best interests of the child. The court generally considers a number of factors when determining the best interests of the child, such as the wishes of the parents, the preference of the child and the mental and physical health of both parties. While the family court has significant latitude to make decisions in child custody matters, a parent has a right to request a review of that decision.
Communication is key to co-parenting children after divorce
Parenting after divorce can be incredibly complicated. Fortunately, there are many suitable ways to parent children - just as there can be many different appropriate ways in which to divide assets between divorcing spouses. While some couples may choose to split everything from physical custody to legal decisions fifty-fifty, others may choose a completely different path. As every Minnesota parent knows, there is no one way to raise a child or solve co-parenting and post divorce child custody concerns.
