Sieloff and Associates, P.A.
Attorneys at Law
(651) 454-2000
Eagan Office
Yankee Square Office III
3460 Washington Drive
Suite 214
Eagan, Minnesota 55122
(651) 454-2000
Prior Lake Office
15870 Franklin Trail SE
Suite 201
Prior Lake, Minnesota 55372
(952) 226-6840
Mora Office
221 Union Street South
Suite 3
Mora, Minnesota 55051
(320) 679-4569
Custody and Parenting Time
The issue of child custody can be a very contentious and emotional issue in a dissolution of marriage proceeding. Custody in Minnesota is initially determined based on the "best interests of the child" factors as enumerated in Minnesota Statutes Section 518.17. Such factors include, among others: the child's primary caretaker; the child's adjustment to home, school and community; the length of time the child has lived in a stable, satisfactory environment; the mental and physical health of the parents and children; the wishes of the parents; and the preference of the child, if the child is of sufficient age to express a preference.
In Minnesota, there is both "legal custody" and "physical custody." Legal custody means the right to determine the child's upbringing, including education, health care, and religious training. (518.003). Physical custody and residence means the routine daily care and control and the residence of the child. (518.003). Except where domestic abuse has occurred between the parties, it is presumed that joint legal custody is in the best interests of the child.
The amount, duration and character of parenting time (visitation) that a parent will receive with his or her child is also based on the best interests of the child factors. In addition, the court must "grant such parenting time on behalf of the child and a parent as will enable the child and the parent to maintain a child to parent relationship that will be in the best interests of the child." (518.175).
After child custody is established, generally, custody can only be modified if the noncustodial parent can show that the child is endangered under the existing child custody order. (518.18). Specifically, the noncustodial parent must establish that "the child's present environment endangers the child's physical or emotional health or impairs the child's emotional development and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child."
"When I meet a man I ask myself, 'Is this the man I want my children to spend their weekends with?"
- Rita Rudner, comedian
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Copyright © 2005 Sieloff and Associates, P.A.
Sieloff and Associates, P.A.
(651) 454-2000
Minnesota Divorce Attorneys • • • Minnesota Divorce Lawyers
