Minnesota Child Custody Lawyer

In any situation where custody is at issue, the court or the parties must determine the physical and legal custody of minor children.

The parent with physical custody has control over the day-to-day care of the child and maintains the  primary residence of the child.  Physical custody can be either joint or sole.  Joint physical custody means the day-to-day care and residence of the child are structured evenly between the parties.  Although it does not necessarily mean that each parent has 50% time, the schedule usually entails something pretty close to a 50/50 schedule.  This of course means that a child is spending a lot of his or her time going back and forth between mom and dad’s house.  In some situations this can work well, in others not at all.  There needs to be a fairly good relationship  between parents to make this schedule work and in fact, one of the factors a court uses to determine if joint physical custody should be ordered is the ability of the parents to cooperate in the rearing of their child.  Another important factor to consider is the proximity of both parent’s homes to each other.   Obviously it will be very difficult for a child to go back and forth between two homes every other week or every few days if the parents live 50 miles away from each other and the child is of school age.

Legal custody means the right to determine the child’s upbringing, including education, health care and religion.  Legal custody can be joint or sole, however, there is a presumption under the law that in a divorce with children, joint legal custody is in the best interests of the child.

Contact the Law Office of Cynthia J Miller

If you or someone you know is in need of a qualified Minnesota Child Custody Lawyer, contact the Law Office of Cynthia J Miller today at (651) 336-4006. We offer two locations in Princeton and Minneapolis and provide free consultations.