Child custody issues are some of the most difficult and complex in the entire divorce process. There are many factors that are taken into account and, of course, many emotions from all parties about what is best. The overarching rule that should guide the entire process is determining what is in the best interest of the minor(s). If you are embarking on a divorce and you share minor children, here are some basic guidelines related to child custody that Minnesota courts follow:
- There are no automatic rules about who will get custody after a divorce. The courts consider the unique facts of each case and what is in the best interest of the child. The courts are not biased based on the sex of the parent, so the courts cannot favor the mother over the father.
- Joint Custody means that both parents have authority to make decisions about the kids including decisions about schooling, religion, and medical issues. If the parents cannot agree on a course of action, the courts are used to settle the dispute. Generally in cases of joint custody, the parents also share physical custody of the kids.
- Sole Custody means that one parent has the authority to make decisions about school, religion and medical issues.
- Child Support is determined based on the monthly gross income of the parents, as well as other monthly expenses including daycare, medical insurance and other similar expenses. The courts weigh these factors with the amount of time that the child/ren spend with each parent to arrive at a child support amount that will appropriately support the child/ren. Making child support payments is entirely unrelated to the right of a parent to see his/her kids.
- The court consider the child’s wishes generally to the extent that the child is mature enough and articulate enough to convey their wishes. There is no set age in Minnesota when a child can decide who they will live with.
Kallemeyn & Kallemeyn Can Help You Navigate Child Custody Issues
If you need help navigating a child custody arrangement, consider partnering with Kallemeyn & Kallemeyn for support and legal assistance. Our team focuses on complex cases in the Anoka County, Minnesota area, and are poised to help you with any and all of your questions. This is an extremely important process and you want to make sure that the court has the best chance of arriving at a desired outcome for all involved, especially your kids. So, give the Kallemeyn & Kallemeyn team a call at 763-427-5131 to get started.
