Child custody and parenting time can become an issue in many ways, including:
Under Minnesota law, there are two types of child custody.
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. NOTE: The custody arrangement could be different for each child in a family.
"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.
"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.
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) consecutive months (180 days) before starting the court process. There are exceptions for emergency situations.
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.
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. Select the link below that most closely describes your situation.
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:
Custody cases can be expensive. It's best to try and use a mediator in conjunction with a experienced family law attorney.
Rosengren Kohlmeyer Law Office
201 N. Broad Street, Suite 305
Mankato, Minnesota 56001
507-625-5000
www.rokolaw.com
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Revised: May, 2009 Rosengren Kohlmeyer practices Family Law throughout Southern Minnestoa with a special emphasis in the areas of in Mankato, St. James, Fairmont, Waseca, Olivia, St. Claire, St. Peter, Gaylord, Blue Earth, Owatonna, Albert Lea, Worthington, Martin, Nobles, Nicollet, Lake Crystal.
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