White Bear Lake Child Custody Lawyer

One of the largest negotiating points in a divorce is often setting both the physical and legal custody of the children.

Physical custody refers to where the children live, and who will provide for their day to day needs. Schooling, the child's wants and needs and the overall quality of life are often important guiding factors in determining physical custody. Typically, Minnesota Family Courts prefer a parenting plan where both parents are sharing physical custody based on what works for your specific situation. The distance between the parents can make weekly visits challenging in some situations. It's important to understand the physical custody does not grant one parent the authority to make all decisions for the child's overall well being.

Legal custody refers to who will make the decisions about schooling, religion and health care. Legal custody is often confused to be understood as the courts mandate of who will have physical custody. The courts in Minnesota often prefer joint legal custody, meaning that both parents are granted some authority in the making of these important decisions.

Typically, for a Minnesota court to make a determination in a custody matter the child needs to have lived with a parent or a person acting as a parent for at least 6 consecutive months (180 days) before starting the court proceedings. There are exeptions for emergency situations.

Interstate Child Custody Issues (Between Minnesota & Wisconsin, or any other state)

If you live in Minnesota but the other parent and or your child live in another state the sitution can become much more complicated. Interstate child custody laws are complex because they take two sets of state laws into consideration. While there are solutions available through litigation or court orders, typically the two parents reaching some type of an agreement is the more effecient and effective method in solving interstate custody issues.

If you have a child who lives with a parent in Wisconsin, North Dakota, Iowa or South Dakota and are looking to make a change in the legal or physical custody agreement, call our office for a consultation with an experienced family law attorney. It's difficult to make any general statements about how interstate custody works as each situation is unique.