Janet L. Goehle, Attorney at Law
651-243-6005 800-598-6990 Call For A Consultation

What happens when a state considers changing parental rights?

Minnesota will have a front row seat as their neighbor to the west, North Dakota, considers a new law aimed at giving any parent the right to equal custody. According to reports, state legislators in North Dakota have obtained enough signatures to ensure that the new law will be on the general ballot in November.

If approved, North Dakota parents could not be denied anything less than equal custody of their child. While this may seem standard for parental rights, it would actually mark a significant shift as the other parent would need to provide clear and convincing evidence that equal rights is not in the best interests of the child.

For instance, in Minnesota, like most states, child custody proceedings seemingly favor the mother. Depending upon the distinction in custody or terms of a parenting plan, a father may be substantively cut out of a kid's life. This new law, which is being considered or has been enacted in some form across the country, would change that. Following a divorce or other separation, parents would be on equal footing unless there was significant evidence that one parent was unfit.

While all of these family law proposals are rooted in good intentions, some laws do not work so well in certain situations. Every family is different, with its own dynamics and inner-workings. As a result, legally mandated presumptions may not apply to everyone. Nevertheless, once a law is on the books, courts will abide by its terms. As a result, local parents could find themselves in a bind.

Source: Valley News, "North Dakota Could See Changes to Child Custody," June 16, 2014

No Comments

Leave a comment
Comment Information
Email Us For A Response

Send An Email

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

FindLaw Network