Child custody is an important consideration for parents who do not live together, are divorced, or are legally separated. Minnesota allows for several types of custody in Rochester based on the unique needs and circumstances of your family. Parents should understand how these custody arrangements work and the process for obtaining a custody structure that works for you and your child.
Our child custody lawyers can provide the counsel and support you need to successfully pursue a custody arrangement either in collaboration with your co-parent or in a disputed case before the court. Reach out to our office today to begin taking steps to protect your family’s future.
Minnesota Statutes § 518.003 distinguishes child custody into two categories. The first is legal custody, which is a type of custody that gives a parent authority over important life choices that impact a child’s upbringing. These choices are often related to the following:
The other type of custody – physical custody – gives a parent control over a child’s daily care and allows the child to reside within their home. The types of decisions a parent with physical custody can make for their child could include:
Custody is further classified into two groups based on whether the parents jointly maintain custody or one parent exclusively holds it. A variety of custody scenarios could apply based on the preferences of the parents, child, or what the court deems appropriate under the circumstances. For example, one parent could have sole legal custody over a child while jointly sharing physical custody. In cases where one parent maintains sole physical and legal custody, the other parent may also have a right to parenting time with the child to maintain a relationship.
The legal process for obtaining a formal custody order varies based on whether the parents agree or disagree on the custody terms. Parents aligned on the custody of their shared children can jointly file a parenting plan under Minnesota Statutes § 518.1705. The parenting plan details the custody each parent has, along with other information, including the following:
Parents who cannot agree on the custody arrangement for their child will need to petition the court. The court in Rochester will then have the authority to decide on the type of custody it will assign to each parent based on an evaluation of factors that determine what is in the best interest of the child. Some of the factors the court uses to reach a custody decision will include, among others, the child’s preferences, the abilities of the parents, and their prior history in raising the child.
The different types of custody in Rochester can have a major impact on your relationship with your child and co-parent. Our compassionate lawyers can help you identify which type of custody will fit your needs and pursue it through a joint parenting plan or in a custody hearing. Get in touch with the knowledgeable attorneys at Kohlmeyer Hagen, Law Office Chtd. today to learn more about your custody rights and available legal options.
