Child Custody – Best Interest Factors – Minnesota
In Minnesota divorce and family law cases, evaluating child custody, at times, can be a very complex process. Minnesota Courts use the child’s best interests as the guiding principle when determining child custody (there are 13 different statutory best interest factors and 1 case law imposed best interest factor, which is anticipated removal). In some cases, a custody evaluation, most frequently performed by a social worker, therapist or court services staff, is used to aid the Court in determining the best interests of the child or children.
In many divorce and family law cases, parents share Legal custody and Physical custody for their child or children. This is referred to as Joint Legal and Joint Physical 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. Most therapists and social workers agree that Joint Legal Custody is typically in the best interests of the child.
Family Mediation can also be used to assist parents in resolving custody disputes, and is commonly mandated by the Court as a means for parents to discuss and potentially resolve matters outside of the courtroom, and in a confidential environment.
Located in the historic Linden Hills neighborhood of Minneapolis, Lake Harriet Law Office represents clients in Minneapolis, Edina, Bloomington, Golden Valley, Hopkins, Southwest Minneapolis, Linden Hills, Hennepin County, Ramsey County, St. Paul, Scott County, Washington County, Anoka County, Carver County and throughout the Twin Cities.
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