- About Us
- Family Law
- Estate Planning
Whether going through a divorce or in a situation where paternity has been established, child custody is a matter that can come about at practically any time. It can be a complicated issue in which emotions run high, yet the children must be spared from as much of the conflict as possible.
If you are seeking custody of your children, you are going through a divorce in which child custody is an issue, or you need to defend against the other parent’s request for custody of the children, you need an experienced Duluth family law attorney by your side every step of the way in order to obtain the best result for you and your children.
There are two types of child custody. Those types are:
Parents can share physical and legal custody or each parent can have one or the other. If the parents do not agree on a custody arrangement, then the court will make the decision based on the best interests of the child(ren).
Everyone involved in the proceedings is interested in ensuring the best interests of the children. This is why there is a number of points that are evaluated. Those points are:
A neutral evaluator will be used to evaluate these points and will report their findings to the court so that the appropriate custody arrangement can be established. During this process, your Duluth child custody lawyer will be there to help you through.
Matters surrounding fathers’ rights are very sensitive in that a father wants to exercise his rights when it comes to his children. Perhaps this is the right to visitation, the right to support the children, or even the right to seek custody. Whatever the matter, it is very important that a father be a part of his child’s life.
If you are facing a fathers’ rights issue that needs to be addressed, an experienced Duluth custody lawyer can help you through it. You will receive the guidance you need, as well as straightforward and honest advice that will help you secure a favorable result.
Helping fathers exercise their rights is not meant to be anti-female or anti-mom; it is about giving the father the equal opportunity to be a part of the lives of his children. It doesn’t matter whether or not a father was previously married to the mother because a father needs to have a role in the upbringing of his children, whether that is by being able to visit them or even share custody of them.
Fathers do have the right to visit their children, they have their right to request custody of their children, and they can modify child support or visitation orders as necessary. If the mother requests to move to another state with the child, it is the right of the father to oppose the move. It is very important that a father’s voice is heard when it comes to his children.
Even if the father and mother were not married, the father still has rights. There are times when paternity has to be proven. This can be done through a Recognition of Parentage, which is a document that the parent’s signature to acknowledge that the father is the father, or it can be done through DNA testing.
When it is proven that the father is the father or he was married to the mother at the time of the child’s birth, he has the right to obtain visitation to his child, fight for custody, and he can pay child support to help support his child.
As far as divorce, Minnesota is a “no-fault” state, which means that both parties do not have to consent to become divorced, nor are the reasons for the divorce an issue. The courts look at what they believe is in the best interest of any involved children.
If a father wins custody of his children, then it will be the mother who has to pay child support and, depending on her financial status, she may even have to pay spousal support. Fathers do have the right to request any support that is needed in order to secure the proper care for the children in their custody.
Different states have expressed when and how much time a child or children will spend with their parents using different terminology. Minnesota expresses this through the term “parenting time” while Wisconsin uses the phrase “physical placement.” The common synonym for both terms used to be “visitation.”
Regardless of what a person calls it parents must give very deliberate, careful thought about what schedule will best serve their children. A few of the key elements in creating a “visitation” schedule include the school and activity routines of the child, the distance that the parties live from each other, the work schedule of each party, any special needs the child may have, whether domestic abuse has occurred and the involvement of third parties in make the schedule work. Visits between parents and children can be supervised or unsupervised. Supervised visits are typically reserved for situations whereby a child’s safety is affected by a condition or situation created by a parent.
A parent should also give careful thought to how a child will spend his or her holiday, summer and school breaks when the child is of sufficient age to attend school. A parent should give reflection to what his or her past family traditions have been when it comes to major religious and secular holidays. A parent that has limited time with a child during a school year most likely will see an increased amount of time during non-schooling months.
At the end of the day, a parent must come to grips quickly with the notion that judges, evaluators, mediators, attorneys and guardian ad litems are not concerned about what schedule is most ideal for a child’s parents; this is all about your child. Parents must agree upon a schedule that will allow a child to continue having both parents in his or her life.
Finally, parenting time or physical placement is going to have an impact on the amount of child support paid by one parent. Generally speaking, the more parenting time that a parent has with a child the less support that the parent will be ordered to pay. It is conceivable that parents with equal parenting time or physical placement may not be required to pay any support.
Child custody is a very serious family legal matter that requires a great deal of care. If you are on either side of a child custody matter, it is important to have an attorney by your side who can guide you through every step of the process. To talk to an experienced child custody lawyer about your child custody issue, call the Benjamin Kaasa Law Office, PLLC at 218-464-3397 for a consultation.