Tuesday, August 26, 2014

CHILD CUSTODY CAN BE A CONTENTIOUS BATTLE DURING DIVORCE

On behalf of Askvig & Johnson, PLLP

When a couple decides to divorce, one of the more contentious arguments that may ensue usually involves who gets what. Many residents of Minnesota may think that this disagreement would only arise when it comes to personal property. Unfortunately, that is not always the case. If the divorcing couple has children, there is also always the question of who will get legal and physical child custody.

In Minnesota, the terms of child custody are determined based upon the best interests of the child. However, this does not mean that the terms will not give rise to a child custody dispute. The best way to approach this is for each individual to make a decision as to what it is they want when it comes to child custody and parenting time.

In terms of legal and physical custody, there is always the option for joint custody. However, if a joint agreement is not in the best interests of the child, the judge may decide that is not the direction that should be taken.

Joint legal custody means that both parents work together to make decisions regarding the child's schooling, church, medical care and more. Joint physical custody means that the children spend roughly equivalent amounts of time with each parent. However, the amount of time spent with each parent determines the amount of child support that one must pay the other, if any. In Minnesota and in any state, legal guidelines provide for the amount of this payment to be calculated.

When a divorcing couple decides to share parenting time and co-parent together, there are a few strategies that can help make them successful co-parents. First of all, it is important to make sure the children know that their parents love them. This will help them adjust more easily to divorce. Second, consistency is key. Consistent schedules and rules across households will make everyone's lives easier. Finally, the parents need to set a good example for the children when it comes to problem solving and cooperating with each other.

If co-parenting is the ultimate child custody decision, these pointers will help parents to ensure that they are successfully raising their children without allowing the divorce to have an excessively negative impact on their lives.


Source: American News Report, "How to Handle ChildCustody in a Divorce," Oct. 8, 2013

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