Minnesota divorce law and child custody

For example, if the parents have equal incomes and it is a joint physical custody agreement, there probably will be no need for child support. Legal custody usually has little effect on amount of child support, because it is only determining the decision making of the parents. Physical custody has the most impact, because it involves handling the day-to-day expenses of the child and child support can have a large impact in helping that.

Parents need to coordinate the major expenses, such as school, insurance, summer camps, and medical. This way, money is going into the account specifically for use of the child and each parent has access for when they need to pay for different expenses of the child. These terms can be determined together and with the help of lawyers outside of court. Having a plan in place will make the divorce transition easiest for you and your children.

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The best interest of the child is always the option everyone involved in divorce cases wants. There are many processes involved and many possible options to consider when it comes to decision making, where the children will spend their time, and how to transition from the life they live now to the one they will after the divorce.

Contact us today for an initial consultation so our attorneys can start to help you through this stressful time. Your Name. Your Email. Your Phone Number. The use of the internet or this form for communication with the firm or any individual member of this firm does not establish an attorney-client relationship. Child Custody and Child Support, what are they and how are they determined? What is Child Custody?


Minnesota Child Custody in Divorce: The Basics

How is Child Custody determined? What is Child Support? How is Child Support determined? Search Search for:. Similarly, if the child is not well adjusted to a particular home, school, and community, and an award of custody to a parent would provide a beneficial change of environment, this will weigh in favor of an award of custody to that parent.

This idea is that children need continuity and stability, and that upheavals are generally difficult for them. This is not to say that the courts will maintain continuity for its own sake. Divorce is always a time of major change and upheaval. Mental health issues are very commonly raised in custody cases.

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If you have ever seen a psychologist, psychiatrist, or counselor of any kind, or ever received any diagnosis or treatment for any mental health issues, including alcohol or chemical abuse issues, you can expect that this history will be fully explored. This can sometimes catch someone with an undiagnosed condition. It is important to note that having a mental illness does not preclude a parent from receiving custody. Rarely is it argued that a parent does not love a child.

What Will Be The Amount Of My Child Support In Minnesota?

For various reasons, however, some parents have abundant time and energy to devote to their children, and other parents do not. If you spend most of your free time caring for your child — e. If a parent has a pattern of engaging in domestic abuse, this is an obstacle in obtaining custody. Allegations of domestic abuse are common in custody cases.

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Sometimes the domestic abuse is real. Other times it is a complete lie or a gross exaggeration of the truth.

Divorce In Minnesota Child Custody

Whatever the case, this factor can carry significant weight in a custody determination. Regardless of how good a parent you may otherwise be, if you allow parenting time and telephone contact by the other parent only begrudgingly or after being compelled by court order, this will count against you unless you have a very good excuse.

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Conclusion I list all these factors, because they are the framework applied by custody evaluators and courts.