Child Custody & Visitation

Minneapolis Child Custody Lawyer

iStock_000008235598XSmall-300x199Child custody and visitation go hand-in-hand in Minnesota. The non-custodial parent is awarded visitation and it is ideal for both parents to create a parenting plan so that the child is able to spend the appropriate time with both parents.

If child custody needs to be settled as a part of your divorce or outside of a divorce, Gilbert Alden can help you. With an experienced St. Paul & Minneapolis family law lawyer by your side, you are taking steps toward ensuring the best interests of your child(ren). It is very important for children to maintain a healthy relationship with both parents and that is the goal when establishing child custody and visitation.

Effective Advocacy For You & Your Child

There are two types of custody:

  • Legal custody – The parent with legal custody makes major decisions regarding welfare, health, and education.
  • Physical custody – The parent with physical custody is responsible for the child’s day-to-day care.

One parent can assume sole or physical custody or both parents can share legal and physical custody, which is referred to as joint custody.

Committed To The Best Interest Of The Child

The “best interest of the child” standard is what is used to determine what custody arrangement will work for the child. From there, visitation is determined after custody. An evaluator may come in to evaluate the situation and determine what is in the child’s best interests. They will look at the wishes of the child, the wishes of the parents, who the child’s current caretaker is, the relationship the child has with each parent, how the child interacts with parents and siblings, and also may evaluate the following:

  • Adjustment to the community, home, and school.
  • The length of time the child has lived in a satisfactory and stable home and the desire to continue that stability.
  • The proposed or existing custodial home and the permanence of that home.
  • The physical and mental health of all parties involved, except when the proposed custodial is disabled because disability is not used to determine the custody unless the proposed custody arrangement isn’t in the best interest of the child.
  • The disposition and capacity of each party to love the child and show them affection, as well as guidance.
  • Cultural background.
  • If there is domestic abuse situation, the effect on the child is considered and who allegedly inflicted the abuse.
  • The position of each parent to encourage the other parent to visit the child.

This process may seem intimidating and complicated, but your Minnesota family law lawyer can guide you through the process in order to remove as much stress as possible. Your attorney also helps you properly cooperate with the custody evaluator.

Contact A Minneapolis & St. Paul Family Law Attorney

Child custody and visitation are two very important issues that parents face. Whether going through divorce or simply being two parents going their separate ways, it is important to determine custody and visitation in order to maintain the child’s relationship with each parent. To learn more about how the Gilbert Alden PLLC can help you, call 612-564-3622 for a free consultation.