Custody and Parenting Time

Custody and parenting time are the most important, and often the most difficult issues parents who separate or divorce must address.  Parents who choose not to reside together need to make a plan for how their children will be raised and where the children will live.  The plan can be made by agreement of the parents or by the court if parents cannot agree. Sometimes child custody is an issue when someone other than a child's parents seeks to provide permanent care for a child, such as grandparents or other family members.  Linda has experience working in all types of custody cases.

Every decision related to children in Minnesota is to be based on the best interests of the children involved.  As between the parents, the court will look at what type of arrangement will be best for the children involved considering the particular needs of the child and the strengths of each parent.  There is no preference in the law for the mother or the father. 

The law defines two types of custody in Minnesota:  physical and legal.  Physical custody defines where children reside.  Legal custody refers to authority to make important decisions about the child or children.  Parenting time is the term used to define the time children spend with each parent.  For example, a mother's parenting time refers to the time that the children are with her.

The children's residence, or physical custody can be defined as sole or joint.  Sole physical custody generally means children primarily live with one parent.  In joint physical custody, children live with each parent part of the time.  There is no requirement in joint physical custody as to how much time the child lives with each parent.  In other words, the law does not require the time be split equally between the parents for joint physical custody.

Legal custody is the term used to define how major child-rearing decisions are made.  Usually legal custody refers to decisions about education, medical and religious matters.  Legal custody can also be joint or sole.  In Minnesota it is presumed that all separated parents will share joint legal custody.  Legal custody does not have anything to do with where a child resides or how much time he spends with each parent.  Joint legal custody requires that both parents work together and agree on major life decisions for their children. 

Although there is a legal framework for a court to decide custody cases, the best thing for families is for parents to decide how they should work together to raise their children.  The emotional and financial cost of litigating custody can be devastating to a family.  Linda works to encourage her clients to use creative problem solving to decide on custody arrangements.  If an agreement cannot be reached, Linda has considerable experience with custody litigation and is willing and able to go to court if that becomes the only option.  However, her experience has taught her that staying out of court is the best thing for the family.

Third party custody

Minnesota courts will consider a request for custody by grandparents or anyone who is not the parents of a child in some limited circumstances.  This type of case is called a third-party custody case.  Linda has handled several of these cases.  The law imposes a heavy burden on third parties seeking custody because Minnesota recognizes a strong preference for allowing parents to raise their own children.  However, there are situations where it is not in the best interests of a child to be raised by their parent and it is appropriate for another family member to take on that responsibility.

Modification of custody and parenting time

Sometimes it makes sense to change a custody and parenting time plan that has been in place for a long period of time.  This can easily be done if the parents agree.  It is best to incorporate agreements to change custody and parenting time plans into a new court order and Linda can assist with this.

The law provides opportunities for modification of custody and parenting time arrangements when both parties don't agree.  The ability to make changes depends on a number of factors, including the type of change requested and the reasons for the change.  If you feel a change in your custody and parenting time arrangement is needed, you should contact Linda to discuss your options.