Understanding your parental rights is essential for protecting yourself and your children. State laws have no preference for the father or mother when deciding on child custody or support. Instead, they base their decisions on the child’s best interests.
The family court considers many factors when determining child custody, such as both parents’ income and physical and mental wellness. A family attorney can be an invaluable resource during this time, advocating for you and protecting your best interests. Speak to a compassionate and experienced Rochester mother’s rights lawyer to learn more about how we can assist you with your case.
Parents may seek a child custody order during separation, divorce, or after establishing paternity. Child custody hearings allow the family court judge to review all the applicable information and determine legal and physical custody.
The family court makes custody determinations based on the child’s best interests. Both sides may present evidence during the custody hearings and call witnesses to testify on their behalf. While every case is different, court proceedings typically involve the following:
A seasoned Rochester attorney from Kohlmeyer Hagen, Law Office, Chtd. can help protect your rights as a mother and help you navigate custody hearings or trials if necessary.
Custody laws in the state prioritize the child’s best interests when determining custody arrangements, parenting time, and child support. The family court judge considers many factors, including the child’s preference (if they are mature enough).
According to Minnesota Statutes § 518.003, there are two primary types of child custody. Physical custody gives the parent the legal right to make daily decisions about the child’s routines and activities. Legal custody gives the parent the legal authority to make essential decisions about their children’s life, such as education, religion, and healthcare.
Parenting time is the schedule of the days each parent spends with their children after separation or divorce. The document encompasses the visitation schedule and aims to ensure both parents are as equally involved as possible in the children’s lives. While the court prefers parents to work together to create the schedule, they will issue an order if the parents cannot reach an agreement.
In some custody cases, one or both parents may wish to establish paternity of the child. If the couple is not married when the child is born, the father is not automatically considered the child’s father. Therefore, a paternity test may be necessary to establish child custody arrangements and support.
Both parents may agree to voluntarily acknowledge paternity by signing a Recognition of Parentage (ROP). Signing this document establishes a legal parental relationship between the father and child, regardless of marital status. Signing an ROP is the easiest and least expensive option to establish paternity.
If there is a disagreement over the biological parentage, a parent may need to petition the court to request an order for genetic testing. During your consultation, a mother’s rights attorney can answer any questions you may have about family law in Rochester and determine the most effective approach for your case.
Child custody cases can leave you feeling overwhelmed and anxious about the future. Speaking to a determined Rochester mother’s rights lawyer is the most effective way to protect your rights. Our attorneys can help prepare your case and work toward achieving a favorable outcome for you and your children.
We can help you through each step of the process while providing seasoned legal advice, support, and guidance. Call us today to schedule a consultation so we can begin working on your case.
