The issue of child custody is often the trickiest part of a divorce. Learn about the basics of custody agreements in Minnesota here.
Did you know that more than 40% of first marriages result in a divorce?
Going through a divorce is an incredibly difficult process, especially when children are involved.
Navigating the legal system can be overwhelming and confusing, with many questions about what rights you have as a parent and how to ensure your child’s best interests are taken into account.
If you are getting a divorce in Minnesota, it is important to understand how child custody works. This way, you can make the best decisions for yourself and your family.
Keep reading because, with this guide, we’ll provide all the information you need to know about navigating child custody in Minnesota divorce proceedings.
Considerations for Custody
The court in Minnesota uses the best interests of the child to help choose which parent should have custody. The court looks at different things to see what life would be like for the children with each parent.
Factors such as geographic location, age, gender, mental and emotional health of each parent, and involvement in any criminal activities or substance abuse can all be taken into account. Admittedly, this process is complex and demanding.
However, at its core, it is done to ensure that children are kept safe from harm and have access to a secure living situation.
Visitation Rights
Visitation rights between parents and children play a vital role in maintaining strong family ties. With the court’s objective to safeguard each child’s well-being, visitation rights must be tailored to parents’ ability and capacity to provide adequate care and support for their children.
The court decides how much time each parent can spend with their child. They think about if the parent is good at taking care of children, if it is safe where the parent lives, and if the parent is kind.
Through proper guidance, respect for each other will help build meaningful relationships now and in the future.
Parenting Time
Parenting time is an important part of parenting. In Minnesota, it involves making arrangements between both parents that allow each to spend quality time with the child while also considering their respective lifestyles.
The court will evaluate and work to create a parenting plan that works best for both parties and the family dynamic as a whole. Parenting time may include overnight visits, extended holidays and vacations, and special occasions like birthdays.
When parents have parenting time, it is a chance for them to have a strong relationship with their children. This is important for any family that wants to be healthy.
Mediation
Many different conversations take place during mediation sessions, allowing both parties the chance to explain their wants and needs. It gives parents a platform to work out any potential issues or disputes in a professional setting with the help of an impartial mediator.
The goal of mediation is to agree on something without going to court. This might take some time, but it is worth it because it can help the relationship between the parents and children.
Modifications
Changes in a family’s circumstances can cause the need to alter existing custody arrangements. In such cases, a parent can seek modifications of an initial custody order from the court.
The court has to have a good reason to make changes to an agreement. They will look at why the changes are needed and if it is what is best for the child before deciding if they can make the changes.
It is important that any changes benefit the child’s welfare. This will help them feel comfortable during this time of change.
Counseling
Counseling can offer parents a safe space to discuss their concerns and find meaningful ways to cope with the challenges they are facing. It is a positive way of getting all parties on the same page and collaborating on solutions that will ultimately benefit the children.
An impartial mediator and divorce attorney in Minnesota can help parents figure out what their emotions are. This can help them come up with better strategies for raising children during times of parental separation or divorce.
Grandparents’ Rights
Because the well-being of the child is considered to be of utmost importance, Minnesota has put forth a law that gives grandparents certain legal rights. Grandparents may gain access to their grandchildren if they can convince the court that they can provide a safe and secure environment for them.
When judges are trying to figure out what is best for the child, they look at lots of different things. This includes how close the grandparent and grandchild are, and if anyone has been hurt or treated badly in the past.
If a grandparent wants to have visitation rights or be the guardian, they must show the judge that they can take care of the grandchild. This could help the grandchild for many years.
All of this will be explained by your divorce lawyer in Minnesota, so be sure to ask them all the questions you have about child custody in Minnesota.
Get Help Navigating Child Custody in Minnesota Divorce Proceedings
Divorces affect all members of the family, especially your children. As you and your spouse prepare for divorce, you must be truthful with your children and provide support during this difficult time.
At Johnson/Turner Legal, we help families every day with divorce, child custody, and child support representation. Our team understands how impactful a divorce can be on children. We desire to help you make the process as easy as possible for your children.
If you have any questions on how to handle children of divorce, please do not hesitate to ask. To learn more about our team and our services, please contact us today.
