Child Custody and the Divorce Proceedings Divorce proceedings could have an impact not only on the parties but most especially onto the minor child. Hence the court will always try to resolve the issue of child custody in the best interest of the children. Under Minnesota law, there are two basic components to determine the custody of the child; legal custody and physical custody. Under these components, the child’s best interests will be looked upon. Legal custody means that the child will be under the legal responsibility of the parent given such custody. The parent with the legal custody will be responsible on major decisions that will involve the child such as health, education and welfare. Physical custody, meanwhile, means that the the child’s day-to-day care will be charged on the parent designated by the court. Both or one of the types of custodies can be assumed by a single or both of the parents. Child custody may be given entirely to one of the parents or it may be shared by the parents. The custody would also include child suppport, meaning the expenses needed by the child for his education, health and other needs. However, whether the custody is shared by the parents or assumed only by one of them, both of them are obligated to give support to the child. As already stated above, the guiding principle in awarding child custody is “the best interests of the child.” The court will not allow a parent to take custody of the child if the parent will not be able to assume his/her obligations. There are several factors in which the court may look upon before awarding custody of the child. These include the child’s preferred parent (if the court deems the child to be of proper age to choose a parent), the intimacy of the child’s relationship with a parent, the effect of the child’s relations with the parent and other persons like the siblings and the new family of the parent, among others. Child custody may also be changed even after it was awarded to a parent. There are some factors that would affect a change in the custody. If both of the parents agreed that the custody will be changed among them, the court will definitely look on the matter and decide on it, again based on the best interests of the child. Or perhaps the parent in custody has let the child to become fully integrated into the other family of the other parent. the court may also take custody away from a parent if the child’s present home or residence would pose dangers onto his/her health and growth, physically and emotionally. Throughout the entire court proceedings, a Minnesota custody lawyer may be helpful for the parents of the child. The custody lawyer can give a sound and proper legal advice as to the best options and methods in order for the parents to agree on the child custody issue. The lawyer can also competently represent one of the parties when the case is brought in court or in mediation.
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Minnesota Custody Lawyer Helps Clarify Child Custody Issues Every divorce proceeding could greatly affect not only on the parties but most especially the minor child. The court will always try to resolve the issue of child custody in the best interests of the children. Under Minnesota laws, two basic components govern the child custody issue; legal custody and physical custody. Under these components, the child’s best interests will be looked upon. Hence a Minnesota custody lawyer may be needed ...
Harold Samson is author of this article on Minnesota Divorce Lawyer. Find more information about Minneapolis Custody Lawyer here.
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