In Minnesota, child custody is made up of two parts: physical and legal.
Physical Custody
- The parent with sole physical custody has control over routine daily care of the child and has the residence of the child.
- Joint physical custody means that the routine daily care and control and residence of the child is structured between the parties.
Legal Custody
- The parent with sole legal custody has sole authority determining the child’s upbringing, including: health, education, and religious training.
- In joint legal custody situations, the parents have equal rights and responsibilities over these matters.
Things to consider: The label of sole physical custody to one parent versus the other no longer carries with it the significance it once held. Child support is NO LONGER based upon the label. Further, the sole physical custodian is no longer afforded the presumptive ability to move out of the state with the minor child.
For more information about Minnesota child custody, or any other family law related matter, please contact Christopher M. Banas at 651-492-1069.
Articles about Minnesota Child Custody
Minnesota Custody and Parenting Time Disputes – Who is involved?
If there is a dispute in Minnesota over child custody and parenting time, the court will likely order the parties to undergo some sort of "evaluation." "Evaluation" is a fluid term, and can mean a variety of things. To understand the "evaluation" itself and the process you will have to undertake, you must understand the different types of players who may be assigned to your case. The most commons types of "evaluations" and the professionals who conduct them are set forth below. Your particular case may include only one of these individuals or many.
Single Fathers - Custody, Visitation and Fathers' Rights in Minnesota
Fathers who have children that were born out of wedlock are at a legal disadvantage, unless and until they assert their rights in a court of law. When a child is born out of wedlock, the mother automatically has sole legal and sole physical custody of that child. Further, the father has no right to parenting time (visitation) unless the mother agrees. In addition, child support is independent of custody and parenting time. This means that a child support order may issue, without any reference to child custody or parenting time.
My Custody Evaluation is Complete - Now What?
Child custody and parenting time evaluations, whether conducted by a private evaluator or court services, usually take anywhere from 3 to 6 months to complete. Once the evaluation is complete, your attorney will be given notice by receiving a copy of the evaluation. In some circumstances (which are rare), the evaluator will prefer to have a meeting with the parties and their attorneys to "review" his or her recommendations prior to the release of the written report. Most commonly, the report will be mailed to the parties' attorneys.
Minnesota Custody and Parenting Time Evaluations
In Minnesota, if you have children and you and the other parent cannot come to an agreement with respect to custody and parenting time, chances are your case will be subject to a custody and parenting time evaluation.
A custody and parenting time evaluation is usually conducted by the county's court services department or by a private evaluator. For example, cases in Hennepin County are usually referred to Hennepin County Family Court Services, where an evaluation is conducted by an employee of that department. In other counties, such as Dakota, Scott, and Carver, evaluations are usually conducted by private individuals who contract with the parties for their services.
