St. Cloud Custody And Parenting Time Lawyers
When you are going through a divorce or separation with kids, the future of your family hangs in the balance. In Minnesota, custody and parenting time are not determined by a simple formula but rather by evaluating 12 factors under the “Best Interests of the Child” standard to determine what is best for your child’s physical, emotional and spiritual well-being.
Whether you are distinguishing between legal and physical custody or negotiating a schedule that balances school nights with holiday traditions, the stakes are deeply personal. Our lead attorneys at Evenson Decker, P.A., JoAnn Evenson and Aaron Decker, have decades of experience as family law attorneys and are Minnesota Supreme Court-qualified neutrals under Rule 114. They have exceptional insight to address your family law issues as fierce advocates and skilled mediators to help you through the challenges of custody and parenting time.
Are We There Yet And Other Frequently Asked Questions
How many times have your kids asked you, “Are we there yet?” If you are like most parents, you wish they would stop asking. At Evenson Decker, P.A., we encourage you to ask questions. Here are brief answers to some of the questions our attorneys frequently hear. For legal counsel, give us a call to schedule a meeting to learn more about how we can help you.
What if the other parent violates the parenting time order?
If a parent violates a court-ordered parenting time order in Minnesota, the aggrieved parent has several legal options:
- Parenting time expeditor (PTE): Parties can hire a PTE, a neutral third party who has the authority to resolve disputes and make binding decisions regarding the implementation of the schedule.
- Compensatory parenting time: If a parent is wrongfully denied time with their child, the court shall award “makeup” time to be used within one year of the date of the order granting the compensatory time.
- Motion for contempt or enforcement: You can file a motion asking the court to find the other parent in “civil contempt.” The court may impose a civil penalty of up to $500 (payable to the county) or require a civil bond to ensure future compliance.
- Law enforcement: Generally, police in Minnesota view parenting time disputes as civil matters and will not intervene unless there is a credible threat of child endangerment or a violation of an Order for Protection.
What is the difference between legal and physical custody?
Minnesota law distinguishes between these two types of custody:
- Legal custody: This refers to the right to make major decisions regarding the child’s upbringing, including education, healthcare and religious training. In Minnesota, there is a strong presumption that joint legal custody is in the child’s best interest.
- Physical custody: This refers to the routine daily care, control and residence of the child.
- Sole physical custody: The child lives with one parent and that parent manages the day-to-day tasks.
- Joint physical custody: The child’s structured routine and daily care are shared between both parents. It is important to note that “joint physical custody” does not necessarily mean a 50/50 time split just as sole physical custody does not mean one parent has 100% control and the other does not have time with the children.
How is custody decided?
In Minnesota, custody is determined based on the “Best Interests of the Child” standard. Under Minnesota Statute § 518.17, judges must evaluate 12 specific factors, which include:
- The child’s physical, emotional, cultural and spiritual needs.
- Any “special needs” (medical, mental health, or educational) the child may have.
- The preference of the child (if the court deems the child is of sufficient age and maturity).
- Whether there has been domestic abuse in the household.
- Any physical, mental,or chemical health issues of the parents.
- The history and nature of each parent’s caregiving role.
- The willingness and capacity of each parent to provide ongoing care and maintain the child’s relationship with the other parent.
- The child’s relationships with parents, siblings, and other important people in the child’s life.
- How each proposed custody arrangement will affect the child’s adjustment to home, school, and community.
- The benefit of maximizing parenting time with both parents and the potential impact of limiting either parent’s involvement.
- Each parent’s ability to support and encourage the child’s relationship with the other parent, when it is safe and appropriate to do so.
- The willingness and ability of the parents to cooperate in raising the child and resolve disagreements affecting the child’s well-being.
Minnesota law explicitly forbids the court from preferring one parent over the other based on the gender of the parent.
Contact Evenson Decker, P.A., For Compassionate Attorneys Who Listen And Advocate For You
At Evenson Decker, P.A., our St. Cloud family lawyers understand how hard it is to adapt to a new routine, especially when your kids are involved. Call us at 320-253-7130 or send us an email to schedule an appointment to discover your options for shaping your family’s next best chapter.