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Child Custody Archives

Shared child custody supports emotional health of children

When parents in Minnesota decide to end their relationships, the question of child custody immediately arises. In the past, family courts automatically gave primary custody to mothers, which left fathers less time to interact with their children. Gradually, the requests of fathers to maintain parental relationships have shifted views toward greater equality between parents, and a scientific study has shown that children benefit from co-parenting.

Advantages of shared parenting after divorce

When a Minnesota couple with young children get divorced, they and their children might benefit from a shared parenting arrangement. While mothers still get physical custody of children in a majority of cases where the judge is making the decision, the balance is shifting toward a more equitable arrangement. In countries such as Sweden, shared parenting is commonplace while some states, including Kentucky and Missouri, have passed legislation to encourage shared parenting. A number of other states are considering similar legislation.

Families make plans in case of deportation

Those living illegally in Minnesota or throughout America face the possibility of being removed from the country by Immigration and Customs Enforcement agents. This may mean that they are separated from their children. In Camden, New Jersey, 50 immigrants recently gathered with law students and other volunteers to fill out forms giving custody rights to family or friends if they are deported. Such meetings have also taken place elsewhere in the country since Donald Trump was elected president.

Options for parents in child support decisions

Minnesota couples who are ending their marriage and who have young children have a number of options when it comes to making a decision about child support. While child support may be decided by a judge in a court hearing, parents might instead opt to negotiate it in an informal manner. This is usually done with their attorneys.

The nesting approach to child custody

Nesting is one way that Minnesota parents who are getting a divorce can share custody of their children with the least amount of disruption to their offspring's lives. With a nesting arrangement, children stay in the family home and the parents take turns living there. This is in contrast to the typical joint custody arrangement in which children move between their parents' homes. While joint custody is increasingly recognized as an arrangement that is good for children and their relationship with both parents, the constant moving can also be destabilizing.

Blocking a noncustodial parent from contacting a child

Due to the improvement in communications and technology, Minnesota parents are finding it easier to stay in contact with their child even if they spend the majority of their time with their other parent. However, there may be cases where the custodial parent does not want the child to be in contact with the noncustodial parent. Although custodial parents generally cannot block the other parent from contacting the child, there are certain circumstances where the court may limit communication.

Negotiating vacation time for divorced parents

Minnesota parents who are divorced may or may not have vacation plans written into their custody agreement. Whether or not the agreement covers this in detail, there are steps parents can take to try to avoid disputes. One is to plan well in advance and to share those plans in writing with the other parent. There could be legal problems if parents are not clear about the details of the vacation plan. If the vacation deviates from custody orders, a parent should have communication about it in writing in case the other parent later challenges the change.

How to obtain custody in Anoka

Unfortunately, many couples with children split up. When this happens, one parent will normally be given sole custody. While there are some circumstances where a couple may be able to work together well enough to share custody, the majority of cases involve one person being granted custody of a child.

Dispelling myths about child custody

Parents in Minnesota and elsewhere may be confused about who has custody of a child after a divorce. For instance, some may believe that they give up their parental rights if they move away. However, the law generally assumes that both parents retain custody and other parental rights unless a judge specifically orders otherwise. Parents should also be aware that they are entitled to legal representation, and an attorney may be provided for free if necessary.

Child Custody Disputes Are Becoming More Gender-Blind

There are certain stereotypes that persist even to this day surrounding divorce and child custody. One of the assumptions was that, in the past, the mother would receive custody of the child while the father would retain certain visitation rights. This was due to the fact that the court system always assumed that the children were closer to the mother than the father.

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