How is Custody decided in a Divorce?

There are two primary ways child custody may be decided in a Minnesota divorce. The manner in which custody is determined will depend on whether the parties undergo a contested or uncontested divorce. In a contested divorce, the case goes to court and a judge will decide on custody arrangement. In an uncontested or mediated divorce, the spouses will reach their own agreement regarding child custody. In either event, when the divorce is finalized the custody arrangement will be legally binding. Any changes will need to be sought through a post-decree modification, should a significant change in circumstances arise that calls for an alteration of the existing custody arrangement.

When a husband and wife reach their own custody agreement, they may decide on a specific schedule where the child spends a certain amount of time with each parent. This type of child custody agreement may be more beneficial in some cases, as the parties are able to work within their unique needs. When the court decides on custody, it will rule in the best interests of the child. It will typically try to keep both parents involved in the child's life unless special circumstances such as child abuse or domestic violence are an issue. The court will decide upon both the physical custody and legal custody of the child. Physical custody refers to where the child spends most of his or her time, and legal custody refers to a parent's right to make decisions in regard to the child's health, welfare, religion and related issues. Sole custody may be granted to one parent with visitation rights allowed to the other, or parents may share custody of the child on a predetermined schedule.

Find out more about child custody and divorce in Minnesota by talking to an experienced attorney about your case. At the Brown Law Offices, we understand the ins and outs of child custody cases and can offer you the guidance you need.

Contact a Minnesota Family Law Attorney at our firm today.