Minnesota law encourages parents to work out custody arrangements themselves without bringing the issue to court. If they cannot come to an agreement, courts in Minnesota make custody decisions based on what is in the "best interest" of the child.
Under Minnesota law, divorcing parents may create a parenting plan during a divorce. A parenting plan is a detailed, written agreement that sets out how they will share legal and physical custody of their children. If they cannot agree on a plan, the court will make assign custody. In a dispute, both parents must also attend a parenting class.
Minnesota courts balance a series of factors when determining the best interest of a child. These factors include:
A parent’s gender is not considered as a factor. In a custody dispute, a guardian ad litem may be assigned to advocate for the child and help assess his or her best interests.
Once the custody order is signed, it is filed with the court clerk. Both parents are then bound by the approved order and the court must approve any further modifications. (Changes to the custody order must also be in the child’s best interest.)
Child custody disputes can be emotionally charged and require a detailed understanding of the law. If you have concerns about custody and parenting time, it is important that you speak with an experienced family law lawyer. A lawyer will help advocate for you and your child and work to secure the best possible parenting arrangement for your family.
Last Modified: 04-13-2017 04:24 PM PDTLaw Library Disclaimer
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