Minnesota Child Custody and Parenting Time Attorney
Child custody is the most difficult aspect of any family law proceeding. Both parents have strong opinions about what is in the best interest of their children. We encourage you to retain an experienced Minneapolis child custody attorney to advocate on behalf of you and your children and guide you through this difficult process.
We understand that parents are concerned for their children's welfare in these situations. Binder Law Offices will investigate the facts and circumstances of the case, the family's parenting history, each parent's availability and the special needs of the parties' children. With this knowledge, we can advise clients about the best custody and parenting time options for their family.
There are two kinds of custody under Minnesota Law, legal custody and physical custody.
- Legal custody is the right to make important long-term decisions affecting the children such as the children's education, religion and medical care. Parents can be awarded sole legal custody or joint legal custody. In Minnesota, there is a presumption in favor of joint legal custody.
- Physical custody is awarded to the parent or parents with whom the children primarily reside and involves the responsibility for making day to day decisions such as what the children eat and wear and their bedtimes. Parents can be awarded sole physical custody or joint physical custody. Sole physical custody is awarded to a parent who will have the children in her/his care the majority of the time; joint physical custody is awarded to parents whose time with the children is equal or approximately equal.
If one parent is awarded sole physical custody, the other parent will have parenting time (visitation) with the children.
Minnesota Statute Sec. 518.17 Subdivision 1 lists the 13 factors that are considered in determining the best interests of the child in custody disputes. These factors include:
- The wishes of the child's parent or parents as to custody
- The intimacy of the relationship between each parent and the child
- The permanence, as a family unit, of the existing or proposed custodial home
- The children's primary parent
An explanation of each of the 13 factors can be found by following this link.
Where joint custody is sought, the factors of Minnesota Statute 518.17 Subdivision 2 must be evaluated. Those factors can be found by following this link.
Our firm has experience handling both straightforward and high-conflict custody cases. As your lawyer, Jane Binder will work with you to set reasonable expectations regarding custody and parenting time, and help move your dispute toward a successful resolution.
Contact Our Firm
If you have questions regarding family law in Minnesota, contact Binder Law Offices, P.A. Our office hours are 8 a.m. to 5 p.m., Monday through Friday, and we are conveniently located downtown, near the Hennepin County Family Justice Center.
