Rochester Child Custody Lawyer

Get Help From a Skilled, Compassionate, and Solutions-Driven Rochester Child Custody Lawyer Today

At Kohlmeyer Hagen, Law Office Chtd., our Rochester child custody attorneys are compassionate and future-focused advocates for parents and families. We are focused on helping our clients find the best possible solution in their custody and visitation cases. If you have any questions about your rights, we can help. To set up a fully confidential, no commitment consultation with a top Minnesota custody lawyer, please do not hesitate to contact us at our Rochester law office today.

Understanding Child Custody in Minnesota (Physical and Legal)

Child custody in Minnesota is divided into two types: physical and legal custody. Physical custody refers to where the child physically resides, while legal custody refers to the right to make important decisions regarding the child’s welfare, such as their education and healthcare. Both physical and legal custody can be awarded to one parent (sole custody) or both parents (joint custody). How exactly custody is split in Rochester depends on the specific situation. 

Perhaps the single most important thing to know about child custody disputes in Rochester is that they are handled under Minnesota’s best interests of the child standard (MN Statutes Sec. 518.17). If a custody or visitation dispute goes before a court in Minnesota, the judge is required to resolve the matter by determining what is best for the child’s health, well-being, social growth, and overall best interests. There are many different “best interest factors” listed within the statute, including:

Perhaps the single most important thing to know about child custody disputes in Rochester is that they are handled under Minnesota’s best interests of the child standard (MN Statutes Sec. 518.17). If a custody or visitation dispute goes before a court in Minnesota, the judge is required to resolve the matter by determining what is best for the child’s health, well-being, social growth, and overall best interests. There are many different “best interest factors” listed within the statute, including: 

• The child’s overall physical and/or emotional needs;
• Any unique medical, mental health, or schooling requirements of the child;
• The preference of the child—but only to the extent that it is age-appropriate; 
• Any history of child abuse or child neglect by either party; 
• The extent to which each parent developed an existing relationship with the child; 
• The overall parental fitness of each party to the case; 
• The effect that any custody arrangement will have on the development of the child;
• Any impact that a custody arrangement will have on the child’s relationships; 
• The approach that will maximize total parenting time with each party; 
• The willingness of the parents to make a visitation arrangement work; and
• The willingness of the parents to cooperate in good faith.

Shared Custody is Presumed—But Sole Custody is Possible

In Minnesota, shared custody is presumed to be in the best interest of the child unless it’s proven otherwise. This means that the court will start with the assumption that both parents should have significant involvement in the child’s life, even if they don’t have equal physical time with the child. However, there are circumstances where sole custody may be granted, such as if one parent is unfit or poses a risk to the child’s safety.

A Parenting Plan is a Key Tool in a Custody Case

In Minnesota, a parenting plan is a legal document that outlines the rights and responsibilities of parents who are divorcing or separating, regarding the care and custody of their children. The purpose of a parenting plan is to establish a framework for co-parenting that ensures the best interests of the children are taken into consideration. Among other things, a well-structured parenting plan will typically include: 

• A parenting time schedule; 
• Decision-making authority; 
• Communication between parents; and
• Dispute resolution.

We Emphasize Collaborative, Solutions-Focused Representation in Custody Cases

Our Rochester, MN law firm emphasizes a collaborative, solutions-focused approach in custody cases. We work closely with clients to find mutually beneficial solutions that prioritize the well-being of the child. Of course, we know that every case is different. Our litigation-tested Rochester custody attorneys are ready to fight aggressively to protect your rights when needed.

Four Mistakes Parents Should Avoid in Child Custody Cases in Rochester, MN

Child custody cases can be emotionally charged, complex legal cases—especially so if there is any type of dispute between the parents. Unfortunately, too many parents make mistakes that undermine their own rights and interests. Here are four mistakes that parents in Rochester should avoid in child custody cases:

• Putting Your Child in the Middle of the Conflict: Spare your child from conflict between you and your former partner/co-parent. Parents should avoid speaking negatively about the other parent in front of their child, asking them to take sides, or using them as messengers. Doing so is important for the well-being of your child and for legal rights. 
• Refusing to Cooperate in a Good Faith Manner: Approach custody cases with a willingness to cooperate and negotiate in good faith. Not only could refusing to communicate or work with the other parent may only escalate the conflict and make it harder to reach a resolution, it is a “best interests of the child” factor in the state. A parent’s failure to cooperate could be used against them in custody proceedings. 

• Not Focusing on Providing a Safe, Secure, Stable Environment: The main consideration in a child custody case is the best interests of the child. Parents should focus on creating a safe, secure, and stable environment for their child, demonstrating their ability to provide for the child’s physical, emotional, and educational needs. Not doing so is a mistake. 

• Waiting Too Long to Get Professional Legal Help: Too many parents wait too long to seek professional guidance and support from a qualified attorney. The sooner you consult with a Rochester, MN child custody lawyer, the better position that you will be in to assert your rights, protect your child, and obtain the most favorable outcome. 

Non-Parental Custody & Visitation Rights: Explained

Custody rights are for the child’s legal parent, biological or otherwise. A non-parent—a grandparent, stepparent, aunt/uncle, etc—has very limited legal rights in Minnesota. They cannot obtain official custody rights without becoming the legal parent of the child. However, in some situations, an interested parent, such as a grandparent, may be granted legally protected visitation rights. Still, it is important to emphasize that these rights are limited and can only be accessed in narrow circumstances. An experienced Rochester, MN custody and visitation lawyer can help.

Why Choose Our Rochester Child Custody Lawyer

For parents, going through a custody case is never easy. Whether you are getting divorced, splitting up, or trying to modify an existing custody arrangement, it is normal to feel stressed out, confused, or frustrated by the process. At Kohlmeyer Hagen, Law Office Chtd., we are devoted to personalized and proactive representation. Among other things, our Rochester custody lawyers will: 

• Hear your story and answer your questions about child custody or child visitation; 
• Investigate—gathering and organizing all of the evidence needed to support your case; 
• Represent you in any child custody settlement negotiations with your co-parent; and
• Put together a fully personalized strategy to protect your parental rights and work towards the best solution for your family.