Minneapolis Child Custody Attorney

Legal & Physical Custody in Minnesota

Relative to determinations as to child custody, in Minnesota there are two types of custody: "legal" and "physical" custody.

• Legal custody means the right to determine the child's upbringing, including education, health care, and religious training. "Joint" legal custody means both parents have equal rights and responsibilities to participate in making major decisions affecting the child's upbringing, including education, health care, and religious training. 
• Physical custody and residence means the routine daily care and control and the residence of the child – in other words, where the child is living and who is making daily decisions as to the child's routine care.

Understanding the distinctions between these two types of custody is crucial for developing a comprehensive parenting plan. Parents who share legal custody must find ways to collaborate effectively on major decisions, even when personal dynamics are challenging. This cooperative approach ensures that both parents remain actively involved in their child's life, making decisions that truly reflect their child's best interests. It's also important to note that physical custody does not imply unequal parental love or involvement; it simply defines the logistics of where a child lives and spends their time.

Creating Effective Parenting Plans for Your Children

Most parents are able to agree to a parenting plan, either amongst themselves or with the help of a mediator or parenting time evaluator. Your plan will define what role each parent will have in making legal custodial decisions as to your children's education, health care, and religious upbringing. Your plan will set forth your children's residential schedule, and who is responsible and when for making the day-to-day decisions involving the care of your children. It may, in certain circumstances involving concerns over mental health or chemical dependency, place limits or conditions on parenting time. Your plan will also set forth a schedule for dividing holiday and vacation time with your children.

Parenting plans can be designed to anticipate the multitudes of potential issues that may arise in the future relative to co-parenting of children, including possible disputes over holidays, birthdays, school events, extracurricular activities, vacations, illness, and drop-offs and pickup times and locations. The aim of this language and planning is to head off future disputes before they happen so that children can grow and thrive free from the strife which occurs when parents have such disputes. It is crucial to craft a detailed and flexible parenting plan that both considers foreseeable changes as children grow and allows for swift resolution of unforeseen challenges. By anticipating potential areas of disagreement, parents can minimize disruption to their children's daily lives and emotional well-being.

Social Early Neutral Evaluations

Over the last twenty years, Minnesota has led the country in a process known as Social Early Neutral Evaluations (SENEs). An SENE is essentially a mini-custody evaluation/mediation conducted in a three- to four-hour session. The program has been extremely successful, and statistically, approximately 70% of custody/parenting time disputes are settled in the SENE process. In an SENE, the parties will agree to a panel of two evaluators, usually psychologists who conduct custody evaluations but many lawyers also serve as SENE neutrals. The panel is typically gender-neutral, with one male and one female evaluator. The parties and counsel will meet with the evaluators (today typically in a Zoom meeting), with the parties first discussing the children, their involvement in caretaking, any concerns about the other parent, and their desire for custody and parenting time. Absent a need for the evaluators to have other information (if allegations of mental health or chemical dependency are raised), the evaluators will then adjourn to consult for 15 to 20 minutes, and will then return and advise the parties based upon what has been presented, as to a schedule they believe will be the result were the parties to invest in a formal custody evaluation. The evaluators then change hats and become quasi-mediators, and try to help the parties reach an agreed-upon parenting plan. Once hearing from a third party what they believe will be the result of protracted litigation over custody and parenting time, as noted, most cases will reach an agreement in the SENE process.

What Happens if Spouses Can't Agree on a Parenting Plan?

If you and your spouse cannot decide on an appropriate parenting plan, ultimately, your children's future will be determined in part by a stranger - a judge or referee making the decision of where your children will live and how much time the children will spend with their mother and how much time with their father. Under Minnesota Law, this decision must be made in the "best interests" of the minor children. The statute sets forth twelve primary factors the Court must make findings on in determining the best interest of children in determining custody and parenting time. Other factors may be considered if there are allegations of domestic abuse or if one parent desires to move out of state with the child or children. No one factor is determinative.

When the court intervenes, it employs a comprehensive evaluation process to ensure that every decision aligns with the child's best interests. This outcome-focused method considers the child's emotional, educational, and physical needs. Although court involvement can provide an objective perspective, it can also prolong the process and add stress for children and parents alike. Therefore, reaching an agreement via collaboration or mediation can be more beneficial, allowing parents to exert more control over the final parenting arrangement.

Custody & Parenting Time Evaluations

To assist the court in making findings as to the best interests and joint custody factors, where the parents cannot agree, the courts sometimes will appoint a neutral third party to conduct a "custody or parenting time evaluation." Only a few counties today have the resources to maintain a court services department to conduct custody evaluations, and many courts today feel that they can make a decision as to parenting time without a custody evaluation. Custody evaluations, especially through a private psychologist, can be very expensive.

At the end of the evaluation process, many evaluators will first meet with counsel for the parties and orally present their recommendations. Thereafter counsel and the parties are given another opportunity to try to reach an agreement as to a parenting plan. Only if an agreement then cannot be reached will a full report be issued, and then the parties will try the issue to the court. This process underscores the importance of mutual respect and compromise, as both reduce the dependency on costly and time-consuming evaluations. By opting for evaluations, parents gain insights from professionals but also face the responsibility of engaging with the recommendations constructively to shape their family's future.

Parenting Time Expeditors & Parenting Consultants

To assist parents in resolving disputes as to parenting time, and in making decisions involving the care and upbringing of their children, both during the proceedings and thereafter, there are several types of professionals available to assist you and your children. Parenting time expeditors can be appointed by the Court with or without the agreement of the parties. Expeditors can decide issues arising after a parenting time order has been issued. Parenting Consultants (PCs) can only be appointed if both parties agree to a PC. The scope of authority of a PC to decide parenting time issues is much broader than that of an Expeditor and is determined by the parties in drafting an agreement for a PC.

These professionals play a critical role in providing timely solutions and maintaining long-term stability in parenting arrangements. By involving expeditors or PCs, parents can resolve differences swiftly, allowing the family to adapt to evolving circumstances without escalating tensions. Effective use of these resources can significantly alleviate the stress and emotional toll that prolonged disputes can place on both parents and children, fostering a cooperative spirit that prioritizes the children's needs.

Guardian Ad Litems

The court may appoint a guardian ad litem to represent the interests of the children and to advise the court on issues of custody and parenting time. A guardian is supposed to be appointed where there is an allegation of danger or harm to a child. Notwithstanding this, budgetary constraints today sometimes limit the appointment of a guardian. When appointed, the guardian can meet with the child/children and may be directed to make recommendations as to custody and/or parenting time. In some counties, courts will appoint guardians to make such recommendations in lieu of a custody evaluator.

Benefits of Shared Parenting for Children

Over the past few decades, more and more psychological studies have emerged showing that with two well-functioning parents, the more time your children spend with each of you, the better adjusted they will be growing up. It is not atypical, especially with children in primary and secondary school, to end up with schedules in which both parents have substantial to equal parenting time with their children.

Shared parenting arrangements can greatly enhance children's emotional security and overall development. A balanced parenting schedule helps children feel equally connected to both parents, reducing feelings of loss or favoritism. Additionally, shared parenting can enhance children's adaptability, foster consistency in discipline and values, and provide them with a broader support network. These benefits contribute to children's resilience and capacity to form healthy relationships both within and outside their immediate family environment.

Child Custody Mediation: A Collaborative Approach in Minnesota

At Sobol Family Law, we understand that child custody disputes can be emotionally challenging for all parties involved. That's why we offer child custody mediation as an alternative to traditional litigation. Mediation provides a collaborative and non-adversarial approach to resolving custody issues, allowing parents to work together to create a parenting plan that is in the best interest of their children.

Benefits of child custody mediation include:

• Greater control and input: Mediation allows parents to have a say in the decision-making process and create a parenting plan that meets their unique needs and circumstances.
• Reduced conflict: Mediation promotes open communication and cooperation between parents, helping to minimize conflict and create a more positive co-parenting relationship.
• Cost-effective: Mediation is often more affordable than going to court, as it typically requires fewer attorney fees and court costs.
• Quicker resolution: Mediation can help expedite the resolution of custody disputes, allowing parents and children to move forward with their lives more quickly.
• Preservation of relationships: By working together in mediation, parents can preserve their relationship as co-parents and create a more stable and supportive environment for their children.

If you are seeking a collaborative and child-centered approach to resolving your custody issues, our experienced attorneys are here to guide you through the mediation process. Contact us today to schedule a consultation.

Understanding Minnesota's Child Custody Laws & Trends

Minnesota's child custody laws are designed to promote the best interests of the child, which means the legal framework is child-centered rather than parent-centered. Recent trends indicate a significant shift towards shared custody arrangements, recognizing the benefits of both parents being actively involved in the child's life. A focus on minimizing conflict and fostering cooperative parenting has led to increased use of mediation and collaborative law practices. Parents in Minneapolis are encouraged to prioritize amicable resolutions, acknowledging the evolving understanding that children's well-being is best served when parents collaborate effectively.

Moreover, the legal landscape in Minneapolis continues to adapt in response to changes in societal attitudes towards parenting roles. This includes a broader acceptance of diverse family structures and an understanding that parenting responsibilities can be shared equitably regardless of gender. Such legal progressions reflect the community's commitment to ensuring that every child's needs are met comprehensively through a supportive and adaptable legal process.

Contact Brian at Sobol Family Law online or call (866) 484-4079 to discuss these important issues involving the best interests of your children.

Minneapolis Custody: Frequently Asked Questions (FAQs)

How Is Custody Determined in Minneapolis Courts?

Minnesota courts determine child custody based on the child's best interests. This involves evaluating numerous factors such as the child's physical and emotional needs, stability, the child's preference if they are of a suitable age, and the capacity of each parent to provide love, guidance, and education. Minneapolis courts also consider the health and mental wellness of each parent, any history of domestic abuse, and the child's adjustment to home, school, and community. Ultimately, the court's goal is to create an arrangement that promotes the child's welfare and provides continuity and stability in their lives.

What Are the Benefits of Choosing Mediation for Child Custody Disputes?

Mediation presents several benefits for resolving child custody disputes, including fostering a collaborative environment that promotes mutual respect and communication. This approach can be particularly effective in Minneapolis where both parents desire to maintain significant roles in their child's upbringing. Mediation can lead to more personalized and flexible parenting plans, reduce legal expenses, and allow for quicker resolutions compared to contentious court battles. Furthermore, the cooperative nature of mediation can help preserve a cordial co-parenting relationship, which is crucial for the child's emotional and psychological well-being.

What Should I Consider When Creating a Parenting Plan?

Creating an effective parenting plan involves careful consideration of each parent's schedule, the child's needs, and any special considerations such as medical or educational requirements. It's essential to address holidays, vacations, and how decisions regarding the child's welfare will be managed. In Minneapolis, incorporating insights from local resources or seeking guidance from a family law mediator can enhance the plan's comprehensiveness. Flexibility and the ability to adapt to changes as children grow are also crucial factors in crafting a plan that remains effective long-term.

How Can Sobol Family Law Assist with Child Custody Cases?

Sobol Family Law offers personalized legal guidance tailored to the unique circumstances of each family. With Brian Sobol's extensive experience and deep understanding of Minnesota's family law, the firm is equipped to navigate both contentious and amicable custody negotiations. Clients benefit from a strategic approach that considers both litigation and mediation, offering a balanced perspective that prioritizes amicable resolutions while protecting clients' rights and interests. Sobol Family Law is committed to delivering compassionate representation that honors the needs of families in Minneapolis.

How Do Changes in Circumstances Affect Custody Arrangements?

Changes in circumstances, such as a parent's relocation, a child's evolving needs, or significant life events, often necessitate modifications to existing custody arrangements. Minneapolis courts require proving that such changes are in the child's best interests. It's advisable to seek legal counsel to effectively navigate these adjustments, ensuring that modifications adhere to legal standards while fostering the child's welfare. Sobol Family Law provides the guidance necessary to manage these transitions smoothly, emphasizing the importance of adaptable parenting arrangements that can accommodate a family's evolving dynamics.

Contact Brian at Sobol Family Law online or call (866) 484-4079 to discuss these important issues involving the best interests of your children.