Dividing assets and property when a marriage in Minnesota dissolves can be complicated in any circumstance. With 3.2 out of every 1,000 people getting divorced across the country in 2014, courts need to be prepared to handle these cases in the best interest of both parties. When a divorcing couple has kids, the matter of child custody needs to be decided by a judge.
State courts have said that parents must have been residents for six months prior to divorce proceedings unless the situation is deemed an emergency. If one or both parents live in another state, the matter will need to be determined according to that state’s laws.
In normal cases, there are two different types of custody: physical and joint. A judge will decide which parent will be responsible for each type of custody. In some cases, both parents will share joint custody and make decisions together.
When a parent is awarded physical custody, it means that he or she has control over the physical aspects of the child’s life. Decisions about where the child can live and everyday activities will reside with this parent.
Legal custody, on the other hand, gives a parent the right to decide the legal aspects of the child’s life. This can include what type of health care the child will receive and whether he or she will be enrolled in programs such as religious training. Decisions about education will also be determined by the legal custodian.
If there are multiple children in the family, a judge will need to decide who holds which type of custody for each child. There can be different options and arrangements for every person in the family, depending on the specific needs of each one.