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Child Custody Attorney

Parenting time, also known as visitation, refers to the schedule outlining the time each parent spends with the children. Whether you are interested in establishing custody and parenting time or have questions about modifying an existing custody and parenting time order, it’s important to work with experienced child custody attorneys.

Hill Crabb, LLC, works with parents in Edina and throughout Minnesota to handle all child custody and parenting time-related issues, including:

We can help you navigate this difficult process and achieve a positive outcome for your child custody concerns.

Physical Versus Legal Custody

Physical and legal custody are two types of custody that are the most common when it comes to Minnesota custody cases. Learning the differences between these types can help you better prepare for your custody case and seek the outcome you want most.

Physical custody entitles parents to make decisions regarding a child’s daily activities, schedule and living arrangement. Legal custody, on the other hand, is a parent’s right to make serious decisions for a child’s upbringing such as their education, religion and health care. Parents can seek joint physical and legal custody, or sole physical and legal custody.

Understanding How Custody Is Determined

Although custody and parenting time are related, they are independent of one another. For example, one parent can have sole legal and physical custody, but both parents could share 50/50 equal parenting time. Conversely, parents could share joint physical and legal custody, and have an unequal parenting time schedule.

In Minnesota, both custody and parenting time are determined by analyzing the facts of each case against the best interest factors laid out in the Minnesota Statute. Some of the issues that are considered in that determination include:

  • The reasonable preferences of the child
  • The history and nature of each parent’s participation in providing care for the child
  • The intimacy of the relationship between each parent and the child
  • The willingness and ability of parents to cooperate in raising the child
  • The mental and physical health of the parents

A common question that comes up in custody cases is whether the child has a say in determining custody. Typically, children may be allowed to express their desires at a certain age. However, Minnesota law does not specify an age, so it is up to the court to decide whether a child is old enough to offer their preferences. Despite being able to state their preferences, the court does not have to agree with a child’s wishes if they believe it’s against their best interests.

How To Prepare For A Child Custody Case

We understand that going through a custody matter can be especially stressful and emotional. As a parent, you’re likely worried about how this process will impact your life and future with your child. We are here to provide you with the guidance you need during such a difficult time. Preparing mentally and emotionally can help you navigate the process much more confidently. Consider the following steps:

  • Gather documents: Evidence is crucial in custody cases. Financial documents, communication, medical and school records, photographs or videos of you with your children, and other pieces of evidence to show your relationship with your child can help you build a strong case for the type of custody you’re seeking.
  • Focus on your child: Avoid turning your custody into a battle against your ex-spouse. Focus on how you can provide your child the necessary support they need as a parent.
  • Follow courtroom etiquette: Going to court for a custody issue can be incredibly stressful. You want to make a good impression on the judge reviewing your case, so it’s important to adhere to the court rules, dress and behavior.
  • Maintain a civil co-parenting relationship: Many parents do not get along, but during your custody issue, it’s best to stay as civil as possible with your co-parent.
  • Take time for yourself: This is a stressful situation that’s sure to take a toll. When possible, make sure to take care of yourself. Speak with a counselor, spend quality time with your children and do things you love to stay positive.

As you go through this challenging process, we are here to provide you with the legal support you need every step of the way.

Let Us Help With Your Minnesota Custody Case

Learn more about custody and parenting time by scheduling a consultation. You can reach a Hill Crabb, LLC, attorney through the online contact form or by calling 612-568-5967.