Minnesota Child Custody and Child Visitation

Among the many emotionally draining issues a family may face, child custody and child visitation rights are two of the most important and difficult to address. Minnesota courts would prefer that parents amicably come to a resolution on how to raise their children, but they will intervene when parents cannot come to an agreement. When having to make such a decision, Minnesota courts will base their opinion on the best interests of the child standard. The best interests of the child will be determined by examining a number of factors provided by Minnesota law. When it is time to go to court for a Minnesota child custody proceeding, it is highly preferred that one use the expertise of a Minnesota child custody attorney to ensure the best representation possible.

Minnesota Child Custody

A Minnesota court may appoint joint custody or sole custody of a child. The best interest of the child standard, will be used by the Minnesota court to make child custody determinations. The following factors are used when deciding the best interests of the child in Minnesota:

• Each parent's wishes as to child custody
• The child's reasonable wishes as to custody
• Who the child's primary caretaker is
• The strength of each parent's relationship with the child
• The child's adjustment to the home, school, and community
• The length of time the child has lived in a stable and satisfactory environment
• The mental and physical health of all individuals involved
• The child's cultural background
• Each parent's history of physical or sexual abuse
• The ability of each parent to facilitate a b and continuing relationship between the child and the other parent

In deciding whether to grant joint custody, Minnesota courts consider a number of other factors. These factors include:

• The parents' ability to cooperate in raising the child
• Methods of resolving disputes between the parents and the parents' willingness to use those methods
• Whether it would be detrimental to the child for only one parent to have physical custody of the child
• Whether domestic abuse has occurred between the parents

The Minnesota courts will make the assumption that joint legal child custody is in the best interests of the child. However, the court will find that joint legal custody is NOT in the child's best interests IF domestic abuse has occurred between the parents.
If a Minnesota court awards joint child custody over the objection of one of the parents, then the Minnesota court must provide specific factors and explain how those factors led to its decision to grant joint custody.

It is highly advised to consult with a Minnesota child custody attorney when going through child custody proceedings due to the complexities of the process and the importance of having knowledgeable representation.

Minnesota Child Visitation Rights

Child visitation rights, a noncustodial parent or non-parent's rights to visit and spend time with the child, are allowed in Minnesota depending on the specific noncustodial person's situation. A noncustodial parent will be given reasonable visitation rights, unless the court finds that granting visitation rights to the noncustodial parent will endanger the child's physical, mental, or emotional well-being. If this is the case, the Minnesota court will restrict the noncustodial parent's child visitation rights to a certain time, place, duration, and require supervision. The court will consider the child's age and the strength of the relationship between the child and the noncustodial parent when deciding whether to grant child visitation rights.

Since a custodial parent's moving out of state can impact the noncustodial parent's visitation rights, courts require that the custodial parent receive permission from the court before moving. The court will only grant the custodial parent's proposed move if doing so is in the child's best interests. Factors considered before granting the move include:

• The child's preference, taking into account his age and maturity
• The feasibility of the noncustodial parent being able to maintain a b relationship with the child after moving to the new location
• The nature, quality, and strength of the child's relationship with the noncustodial parent
• The reasons of each person for seeking or opposing the relocation

Grandparents may also be granted reasonable visitation rights if it is in the child's best interests. The court will examine the nature and extent of the child's relationship with the grandparent before granting or denying visitation rights.

When child visitation rights are finally granted, the court must create a child visitation schedule detailing the frequency and duration of the visitation.

A Minnesota child custody lawyer with experience working on child visitation rights should be consulted when going through child visitation rights proceedings.

Minnesota Statutes

Marriage Dissolution

1. Minnesota Child Custody

1. Tit. 14, Art. 10 §§ 14-10-124, 14-10-131

2. Minnesota Visitation Rights

1. Tit. 14, Art.10 §§ 14-10-124, 14-10-129