We Can Help With Child Custody And Parenting Time Issues
For many, the child custody elements of their divorce settlement are among the most important parts of that agreement. The child custody agreement will create a roadmap that will govern your relationship with your child or children and your child’s other parent until your children become adults. For some, it will last until they complete college. Our attorneys at Anderson Law Firm can help you create an agreement that will be robust and flexible enough to work for your family during that time.
Legal And Physical Custody
Minnesota divides custody up into legal and physical. Legal custody involves decision-making for the child and can be joint or sole. Physical custody, similarly, can be joint or sole. The presumption is that a child will do best when both parents take a meaningful role in their life, meaning parents receive joint physical and legal custody. Circumstances can change these presumptions, typically involving the safety of the child.
The ‘Best Interests Of The Child’ Standard
Any decision regarding a child custody or parenting time plan will be evaluated by the court under the best interests of the child standard. It is important for parents to take the time to understand what this means. Simply, it means what it says. A child custody or parenting time plan must be in the best interests of the child, not the parents.
If the parents receive joint legal and physical custody, the parenting time must be allocated in a way that is in the child’s best interests. Raising children is always complex, and when a child shares two households, the parents may have to deal with the resulting difficulties. This is why it is critical that both parents be willing to collaborate and develop together a viable, workable parenting time schedule.
The Parenting Plan
Ideally, the parents will work together and create a parenting plan that will work for the children. If you cannot agree on a plan, a court will make the decision based on what is best for the children. The difficulty with this process is the judge will never understand the details of your family as intimately as you and, as important, he or she will not have to live with the determination. You will.
Our lawyers can help. We have worked with hundreds of couples, and we can bring those insights to your plan. We can help you work through the details of items that should be in your plan. This document will be the blueprint for much of your life with your children, so creating a thoughtful and comprehensive plan will help reduce the likelihood of conflict and disputes that will only further complicate your already complex life.