When you are getting a divorce in Minnesota, you will need to come to a custody agreement regarding where your children will live and spend their time. There are a number of custody arrangements that can be used including joint custody where the kids are shared; primary custody where one spouse has the kids most of the time with the other visiting; and sole custody where one spouse has the kids virtually all of the time.
Choosing the right child custody in Minnesota can be difficult but you should find a solution that works for your family by taking into account what is best for the child. In some cases, this means that the child will spend the bulk of his or her time with the person who has provided most of the child’s care over the course of his life.
Should My Spouse Have the Kids Because They Don’t Work
In every divorce, the court will encourage the parents to come up with a parenting plan and custody agreement outside of court and without court intervention. This allows the parents to come to a custody agreement that works for the family based on the way that they live their lives.
If you have a demanding career and your spouse does not work, you likely will wish to take this factor into account when deciding whether your spouse should have the kids most of the time. If you are rarely home during the week and your kids would be with a babysitter or in daycare almost all the time, then it may make sense to allow your spouse to maintain custody during the week and for you to visit with your children on the weekends. This would be a more affordable solution than paying for childcare after the divorce, and it would also allow your children to remain under the care of a primary caregiver.
However, simply deciding that your kids should stay with your spouse because your spouse doesn’t work is not necessarily the best thing to do, as there are many other factors to consider. For example, will your spouse continue to stay home after the divorce? Can you afford to support both households and do you want to do so, or will you expect your spouse to go back to work at some point? If so, will your spouse be able to avoid childcare?
You also want to consider your own relationship with your children. If you want to spend more time with your kids, then you may wish to come to a custody agreement that allows you to do that. The important thing to think about is what is best for the child and what your spouse is willing to agree to so you can find the right solution that works for you. An experienced family law attorney can assist you with the process of finding the right solution for your custody agreement.