Decisions regarding child custody are often the most emotionally wrenching part of a divorce or legal separation. Parents naturally fear that the change in their marital relationship will impact their relationships with their children. It is usually in the best interest of everyone involved for parents to agree to a custody arrangement rather than letting a judge decide.

To create an effective parenting plan, parents must understand the different types of custody in Mankato, and an experienced child custody attorney from Kohlmeyer Hagen, Law Office, Chtd. can help you with this process. A legal professional can review the parents’ plan, explain how a judge will evaluate it, and suggest revisions, if necessary, to improve the chances a court will accept it.

Difference Between Legal and Physical Custody

When a court makes a custody decision, the judge must consider both legal and physical custody in Mankato. Additionally, parents must have a clear understanding of the terms.

Legal Custody

Legal custody means the ability to make significant decisions regarding child-rearing. These include healthcare, education, and religion. When necessary, the parent with legal custody can decide whether a problem with the child’s health will be treated with surgery or medication alone, whether the child gets psychological counseling, goes to private or public school, and whether the child receives religious instruction or attends religious services.

Physical Custody

Physical custody typically means where the child lives. The parent with physical custody makes day-to-day decisions like which friends the child can play with, what they wear to school, when they do homework, and which chores they are assigned.

It should be pointed out that the definition and some of the underlying legal ramifications of physical custody have changed over the past 7 years, and today, the actual, real-world meaning of physical custody often takes a back seat to the parenting time schedule.

Joint Custody Arrangements

It can be difficult for children to adjust to their parents living apart, but parents can make it easier by working together to show the children that they remain their priority. Parents can cooperate to develop a parenting plan that provides the children structure, stability, and the chance to have meaningful, regular contact with both parents.

Most families choose a form of shared or joint custody in Mankato. Under these arrangements, both parents have legal custody and input into the big decisions that impact the children. Parents would share time with the children to the degree practicable in their situation, this is detailed in the parenting time agreement, which every custody case must contain.

Sometimes, parents’ homes are located close together, their work schedules allow plenty of parenting time, and the parents get along and communicate well. These parents might have a joint custody arrangement where they split time with the children roughly equally. Other joint custody arrangements call for the children to be with one parent most of the time, but in most cases, they spend at least 25 percent of the time living with their non-residential parent.

Sole Custody Arrangements

In Mankato, courts sometimes award one parent sole legal and physical custody. This could happen when one parent is uninterested in exercising their parental rights, has serious mental health issues, or even chemical dependency issues. A court also might award sole custody when one parent can prove the other is not fit to exercise decision-making authority or able to provide a safe or appropriate home.

Minnesota Statute § 518.175 subd. 1 allows a judge to limit parenting time when being with the parent could endanger the child’s physical, mental, or emotional well-being. In many cases, judges will order that a responsible adult supervise parenting time with the non-custodial parent. In rare cases, a judge could deny parenting time.

Child’s Best Interest Standard Prevails

A judge must review any custody arrangements the parents agree to and devise a parenting plan when the couple cannot agree. The children’s best interests determine a judge’s decision on custody and other matters that directly impact children.

The law lists 12 factors a judge should consider when determining the children’s best interests. The factors ask the judge to evaluate the quality of the children’s relationships with each parent and each parent’s ability to meet each child’s physical, mental, emotional, and educational needs. The law tries to ensure that children will have a stable home where they have the opportunity to thrive and reach their potential.

When Custody is an Issue

Parents who are grappling with custody issues should speak with a Mankato attorney about the standards for the children’s best interests. A legal professional can help a parent craft a custody and parenting time agreement that demonstrably serves the children’s best interests and is likely to meet judicial approval.

Consult a Mankato Attorney About Your Custody Issues Today

Nothing is more important to you or your child than your relationship with them. Understanding the types of custody in Mankato can help you develop an arrangement that protects and nourishes that relationship.

An experienced attorney from our firm could be extremely helpful when you are facing custody issues. Get in touch today to start working with a knowledgeable lawyer.