Rochester child custody hearings are an important step in the court’s process for determining each parent’s legal and physical custody. There may be a need for a child custody hearing if the parents do not live together, are legally separated, or are in the process of getting divorced. These hearings can be complex and have a significant impact on your rights as a parent.

A child custody attorney can represent you at hearings and advocate for your rights and your desired outcome. Schedule a consultation with our committed family law attorneys to learn more about child custody hearings and the factors that a judge will consider to determine a custody arrangement that is in the best interest of your child.

What Is a Child Custody Hearing?

A child custody hearing in Rochester is a court appearance where the court considers evidence from each parent to determine the custody orders for a child under Minnesota Statutes § 518.155. If parents cannot agree on a custody arrangement and submit a parenting plan to the court, a hearing is usually necessary to determine custody. The child custody order will make the following judgments regarding the parent-child relationship:

  • Legal custody
  • Physical custody and parenting time
  • The amount of financial child support

Legal custody refers to a parent’s right to participate in major life decisions on behalf of a minor child, such as those involving their schooling, medical care, or religious upbringing. In comparison, physical custody refers to control over the daily care and residence of a child. Courts will generally grant each parent both legal and physical custody over their child unless the court finds it necessary to protect the welfare of the child according to Minnesota Statutes § 518.17, Subdivision 3. While courts generally prefer joint legal custody, joint physical custody arrangements vary and do not guarantee equal parenting time.

Factors a Judge Will Consider in a Child Custody Hearing

Courts will determine a parent’s custody based on what is in the best interest of the child. To evaluate the child’s best interests, a court will consider the following factors:

  • Each parent’s history of participating in the child’s care
  • The child’s physical, emotional, cultural, and spiritual needs
  • Each parent’s continued willingness and ability to provide ongoing care
  • The child’s preferences, if they are able to express an independent opinion
  • Any history of domestic abuse in either parent’s household and its effect on the child’s safety
  • Any physical, mental, or chemical health issues that could impact a child’s safety or development
  • Any special medical or developmental conditions that require special parenting arrangements or services
  • Any effect a custody decision would have on a child’s well-being because of changes to their home, school, or community

Child custody hearings in Rochester can result in different parenting arrangements based on the court’s review. A court may grant sole or joint custody, depending on the child’s best interests. In cases when sole custody is awarded to a parent, the other parent may still have a right to parenting time and other arrangements to maintain a relationship with the child. While a court’s decision after a custody hearing is difficult to change, future events and circumstances may warrant a parent’s petition to seek a modification of the custody order under Minnesota Statutes § 518.18.

Hire a Rochester Lawyer for Representation During Child Custody Hearings

Our experienced attorneys can help you navigate the complexities of Rochester child custody hearings and protect your rights as a parent. We can help you gather evidence that supports your desired custody arrangement and present them to the court during a hearing. Do not leave your family’s future to chance. Meet with the legal team at Kohlmeyer Hagen, Law Office, Chtd. today.

Schedule Your Consultation