This pamphlet provides an overview of primary custody. Topics covered include what primary custody is, court evaluations, and how primary custody is chosen.
Minnesota USLegal Pamphlet on Primary Custody
State:
Multi-State
Control #:
US-PMPH-16
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Word;
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Crucial Factors. While there's no Magic 8 Ball, you can expect the judge to consider the following factors before making a decision: Any confirmed evidence of domestic violence, abuse, or neglect by either parent. Each parent's ability to provide for the children's physical needs, emotional wellness, and medical care.
There is no set age in Minnesota when a child chooses to not see a parent. Parenting time is determined by the best interests of a child which is measured by twelve separate factors. One of the twelve factors is the reasonable preference of a child depending upon his or her age and maturity.
As a default rule for custody disputes, the approximation rule explicitly eschews an investigation of multiple factors relevant to a child's best interests. Instead, it relies on one factor?past caretaking?to make the outcome of disputes more predictable and reduce the incidence of custody trials.
Under MN law, there are two types of child custody: physical custody and legal custody. Legal custody is the right to make important decisions for the child, including decisions about education, health care, and religion.
Crucial Factors. While there's no Magic 8 Ball, you can expect the judge to consider the following factors before making a decision: Any confirmed evidence of domestic violence, abuse, or neglect by either parent. Each parent's ability to provide for the children's physical needs, emotional wellness, and medical care.
The most basic part of the "best interests" standard is that custody decisions should serve the children's health, safety, and welfare.
Joint legal custody is the most common custody arrangement granted by courts. Why is that? One of the most significant advantages of joint custody is that a child will grow up with influence and input from both parents.
The primary purpose of the evaluation is to assess the best psychological interests of the child. The primary consideration in a child custody evaluation is to assess the individual and family factors that affect the best psychological interests of the child. More specific questions may be raised by the court.
