Families are intended to be loving and supportive — sometimes family the only support one has. Unfortunately, even the best intentions can result in bitter legal disputes over issues like child custody and parenting time. If you are one of the thousands of Minnesota people facing divorce or a break up, the journey ahead can be difficult, and sometimes impossible, for a person to navigate on their own. This is when working with a skilled family law attorney is especially useful. Hiring a local child custody lawyer can cut through all the emotion in your case and provide thoughtful, easy to understand options for resolving your disputes.
The attorneys at Atticus Family Law choose to practice family law over all of the other areas of law — they are determined to use their legal skills and experience to help families in crisis come to a resolution that is favorable for all parties and allows our clients to walk away feeling respected and satisfied.
Our lawyers are here to help. Below we address some common issues and questions related to child custody in Minnesota. For detailed guidance on your divorce or child custody dispute, contact the staff at Atticus Family Law today by completing our online contact form or calling our office.
Minnesota is a no-fault divorce state, which means the only grounds for divorce are irreconcilable differences. However, when there is fault involved, such as when one spouse has an affair, this may be taken into consideration when determining child custody and visitation, or parenting time, agreements. A parent who chooses to spend time with a new boyfriend or girlfriend instead of with their own children will not gain any favor with the court for their behavior. However, even if you are the spouse who had the affair, or is in a new relationship, you still have options for protecting your parental rights, and it is important to speak to a lawyer who can explain them all.
Negotiations around where your children will live and how they will be raised are some of the toughest conversations you and your ex-spouse will ever have, but also the most important. These discussions cannot be put off, and a “wait and see” approach could end up limiting your options in the end. Even the Minnesota Judicial Branch’s website states that residents dealing with a child custody case are “strongly encouraged” to seek legal advice from an attorney. If it becomes clear that ending your marriage is the only way forward, talk to a skilled child custody lawyer right away.
There are two types of child custody under Minnesota law, legal custody and physical custody. Legal custody refers to a parent’s right to make decisions about the child’s care, including those regarding education, health care, or religion. Physical custody refers to the right to make day-to-day decisions about the child’s activities and where the child will spend time physically. Both types of custody can be granted as sole custody – granted to one parent only – or shared custody, split between both parents. Courts will typically try to award both parents a portion of both legal and physical custody as long as it is in the best interest of the children.
Like any good parent, you’re going to head into child custody negotiations with strong feelings about what is in your children’s best interest. But proving your side of the case to a judge or mediator takes more than a gut feeling, it takes careful preparation and solid evidence presented in an organized and persuasive way, all of which you should expect from an experienced child custody lawyer.
If you are going through a divorce or break up, do not take your chances by filing on your own, or simply hiring the least expensive attorney you can find. The family law attorneys at Atticus Family Law have been helping families in and around the Twin Cities achieve their legal goals for years. We will help you file your family law case for divorce and/or custody, and then negotiate with the other side to make sure you get the best terms possible. We will also help your custody claims proceed as quickly and easily as possible so you can get on with your life. Do not go through this alone. Call us today or contact us online to get the help you need.
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