Minnesota Child Custody Cases

Child custody cases case be both one of the most difficult types of cases in the law.  A great child custody lawyer must be an expert in:

• Minnesota Custody Law
• Minnesota Judges
• Understanding What Is In The Best Interest Of The Children

Fortunately, the lawyers at Rosengren Kohlmeyer have the skill and expertise to understand these issues.  If you are looking for attorneys to help you with your custody case in Minnesota, be sure to look at the lawyers, ask what other areas of law they practice and how long they have been practicing custody law in Minnesota.

Below are some common questions that are asked by clients while going through a custody case in Minnesota, please look at the topics and see if you your question about MInnesota Child custody cases can be answered.

When does child custody and parenting time become an issue with the Court?

Child custody and parenting time can become an issue in many ways, including:

1. when married parents are filing for divorce or legal separation;
2. in court actions for paternity and domestic abuse;
3. when a child lives with and is cared for by a third party, such as a grandparent or legal guardian; and
4. if a child is involved in a "child in need of protective services" (CHIPS) case or a juvenile delinquency case.

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Types of Child Custody in Minnesota

Under Minnesota law, there are two types of child custody.

1. "Legal custody" refers to the right to make decisions about how to raise the child, including decisions about education, health care, and religious training.
2. "Physical Custody" refers to the right to make decisions about the routine day-to-day activities of the child and where the child lives.

Depending on several factors, parents may share custody, which is often called "joint" physical and/or legal custody. Or, one of them may have "sole" physical and/or legal custody. 

"Joint legal custody" means that both parents share the responsibility for making decisions regarding how to raise the child, including the right to participate in major decisions about the child's education, health care, and religious training.

"Joint physical custody" means that the routine daily care and control and the residence of the child is structured between both of the parents.

The label of physical custody is not as important as it once was, don't get too worried about the label of custody.

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What is "parenting time?"

"Parenting time," also commonly referred to as "visitation," refers to the time the non-custodial parent spends with a child, regardless of the labels used in the custody arrangement. Parenting time is often set according to a schedule as a result of a court order.

Parenting time is what controls Child Support in Minnesota and unfortunatly, is often one of the reasons people fight so hard about every hour with their child. 

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A custody action usually requires residency of 180 days in Minnesota.

Generally, in order to have your child custody issues decided by a judge in Minnesota, the child must have lived in Minnesota with a parent or a person acting as a parent for at least six (6) straight months (180 days) before starting the court process. There are exceptions for emergency situations as well as members of the military.

NOTE: If you live in Minnesota but your child lives with the other parent in another state, your case may be more complicated. You can read the law on "interstate custody" online at Minn. Stat. 518D. You should have a lawyer about where you may be able to file your custody case or modify an existing custody order.

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The Paperwork

There can be a lot of paperwork in a custody case, especially when the parties do not agree. The court forms involved depend on the type of case or legal issue. Some people think they can just "fill out  form" and that is all they have to do.  If only it was that simple!

One common problem is that many, many people download the free court forms, fill them out, file them then realize they are in over their heads and go to a lawyer.  What I often say it that it's more expensive to fix mistakes than to avoid them in the beginning.

I would urge you to call us for a free consultation and we can discuss your options before you make expensive mistakes we may or may not be able to fix.

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Emergency Custody Issue

Emergency "ex parte" actions involve one party asking the court for a hearing and/or order without giving advance notice of their request to all other parties involved in the case. The party asking the court to hear a case on an emergency ex parte basis is required to follow several laws and Court Rules, including but not limited to: 

• MN Statute § 518.131
• Rule 65.01, R. Civ. Proc.
• Rule 3, Genl. R. Prac. , and
• Rule 303.04, Gen. R. Prac. 

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Fees and Costs

Custody Cases are expensive, that is the cold reality for a Minnesota custody case.  If you and your ex-partner are having problems and both cannot agree on even the basics of custody, you need to be prepared for high legal fees.  There are ways to minimize them and we will discuss these options, but you need to be aware that these types of cases can be expensive.

At Rosengren Kohlmeyer, we can often work with you on a payment plan.  please call to discuss your options.

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