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Child custody proceedings will occur when a divorce is filed.
In general, Minnesota leans in favour of joint legal custody—an arrangement in which both parents are involved in the child's upbringing. However, there are scenarios in which sole legal custody is granted to one parent. These cases typically involve domestic abuse.
Physical custody of a child depends mostly on the best interest of the child. This is determined by the following factors:
1. The wishes of the child’s parents as to custody
2. The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference
3. The child’s primary caretaker
4. The intimacy of the relationship between each parent and the child
5. The interaction of the child with the parent or parents siblings, and others
6. The child’s adjustment to home, school, and community
7. The length of time the child has lived in the stable environment
8. The performance, as a family unit, of the existing or proposed custodial home
9. The mental and physical health of all individuals involved
10. The capacity of the parties to give the child love, affection, and guidance
11. The child’s cultural background
12. The effect on the child of the actions of an abuser, if related to domestic abuse
13. The willingness of each parent to encourage and permit frequent continuing contact by the other parent with the child.
Minn. Stat. §518.17, subd. 1.
A relative of the child may be granted temporary custody, if the child has lived with said relative for a period of at least twelve months, and the parent has had no contact for at least six months.
Child custody cannot be modified until at least one year has elapsed since the date of divorce. Once a modification has been made, two years must elapse before another can be made.
Exceptions to this rule occur in the following circumstances:
(1)the parties agree in writing to an earlier motion
(2)there is a persistent and wilful denial or interference with visitation
(3)the court has reason to believe that child’s environment is causing physical or emotional endangerment
The party seeking such a modification must first show that one of the above circumstances has occurred. The courts will then hold an evidentiary hearing, to determine what should be done. The child's best interest will be weighed against any possible harm incurred by changing the child's residence.
Category: LawMinnesota and Minneapolis Divorce Lawyers was written by:Author:Karthick KrishnanAdded: Sun, 07 Sep 2008 12:36:18 -0400 This Article Has Been Read 61 times View all Karthick Krishnan's articlesAbout the Author: Professional Minnesota Bankruptcy Lawyers specializing in bankruptcy law, chapter 7, chapter 11, and chapter 13 attorney legal representation. Visit Minneapolis Bankruptcy Lawers for more details. |
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