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Law Office of Stacey Keenan
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    Roseville, MN 55113
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The child’s best interests have many factors, and the courts will consider them all in making a custody determination. Getting a trial and custody is a lot faster than when it comes to a divorce.

issues will come up. The court will consider the:

  1. The child’s emotional, physical, cultural, and spiritual needs and the effect of a proposed arrangement on a child’s development.
  2. They’ll consider the child’s unique needs and mental health, education issues, or parenting demands.
  3. The court will consider the child’s preference if they are getting old enough, depending on the child’s maturity. So, they do consider the preference of the child if the child does seem reasonably mature.
  4. The court considers domestic abuse and how safety is implicated in whatever plan the court and parties worked out.
  5. They consider the mental health and the chemical dependency of each parent. It does have an impact if a parent has a mental health issue or a chemical dependency issue.
  6. The court considers the history and the care of each parent according to the child’s development and care.
  7. The court also considers the willingness and the ability of each parent to provide ongoing care to this child. Stability is important.
  8. The court also looks at changes in the school and the home, broader community, and how it will affect the child in a parenting plan.
  9. The court considers whether the child has siblings with either parent and will try to make sure that they spend time together. Sometimes, they are not children of the marriage but will be considered for the determination either way.
  10. The court will try to maximize each parent’s time with the children.
  11. The court considers if the parent is fit and whether there are allegations of abuse, the court encourages frequent and continued contact with each parent. The willingness and the ability of the parent to cooperate in co-parenting is encouraged.

When it comes to a dispute, if you are trying to make sure that your child sees the other parent less than 25% of the time, the situation becomes messy.

What Might Typical Shared Custody Schedules Or Plans Look Like

Many parents, if they are both equally capable of taking care of the kids, will follow a 50/50 parenting plan, and some families will follow a week on/week off schedule. Often, people will feel like their children will miss a parent too much in that case. I’ve seen other parenting time schedules where the family is on a two-two, five-five schedule. It’s a lot more simple than it sounds. One parent will have Monday and Tuesday, and another parent will have Wednesday and Thursday. Then the parties will alternate out when it comes to Friday through Sunday. That’s pretty common when the spouses both believe that they are equally capable of taking care of the children and are equally available. It’s also common when a child spends over five days with one of the parents to make a dinner midweek with the other parent. This keeps everyone in the child’s regular orbit.

It’s also common to do every other weekend with one parent and then an overnight during the week. Suppose an overnight isn’t possible, then a dinner during the week is also a common practice. Possibly a midweek dinner, just so the kids have consistency and see both parents often.

Phone calls are widespread, and it’s encouraged with kids under the age of four or five to do video calls, especially these days when video calls are so comfortable.

Is There Ever An Age In Minnesota Where A Child Can Have Input On Who He Or She Will Live With?

The child’s preference is not the controlling factor. There is no specific age but definitely when a child is mature enough, which typically happens around the age of 14. Especially at 16, if a child is driving and can make decisions on where to physically go, The court considers if the child’s preference is reasonable and independent.

For more information on Determining Custody After Divorce In MN, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (651) 796-3400 today.