After a divorce, a parent's employment becomes even more important than before, especially if that parent has the children living at home with him or her for a significant amount of the time. It can be a financial challenge, even with child support and spousal maintenance, to provide the kind of home the children were used to before the family split into two households, which must now be funded by the same amount of incoming collective income.
Child custody is among the most important issues parents deal with in divorce, perhaps the most important. For this reason, child custody disputes can often become quite contentious and can serve as a point of major polarization for parties. When this occurs, the natural reaction of parents is to advocate for my rights as a parent, my time with the children, my qualifications as a parent.
Most Minnesota residents would agree that parents love their children unconditionally and will always do what's best for them. Sometimes, situations develop in a parent's life where they may not be able to take care of their children. In times like this, Minnesota parents can employ a legal method known as a standby custodian. But, what exactly is a standby custodian and what are its limitations?
A serious and often contentious child custody issue during or after a divorce is determining parenting time and later making modifications. Minnesota law and court cases address this issue, but the standards are not entirely objective.
Divorce may not only represent the separation of two previously intertwined lives. It can also mean the splitting up of an entire family, so child custody can be an extremely important aspect of a divorce. Because of this, Minnesota courts follow a strict formula when determining which parent will become the custodial parent. But, what contributing factors does the court take into consideration before rendering a final child custody decision?It's important to remember that the primary factor a Minnesota court will consider for child custody is the best interests of the child. Therefore, one of the first issues that it will consider is which parent the child wants to stay with. However, the court will only consider the child's choice if it believes that the child is mature enough to articulate their preference. As a complementary factor, the court will also consider the wishes of the child's parents as well.
Getting a divorce can be very complicated. There are usually a number of issues that must be resolved including alimony, distribution of property, child custody and child support and sometimes these issues can take many months to iron out. That's why in Minnesota divorcing spouses can request a temporary relief hearing during the early stages of a divorce. But what divorce issues does a temporary relief hearing consider?
Minnesota court decisions on child custody are based upon the best interests of the child. The legislature enacted a new list of 12 legal factors to be considered in determining the child's best interests. The new factors took effect on Aug. 1, 2015. These elements apply to all custody cases without making any presumptions as to sole or joint custody. A rebuttable legal presumption still applies in favor of joint legal custody if there is no domestic abuse.
Family law rulings on divorce and child custody often depend not only on laws but on interpretations and decisions of the Minnesota Supreme Court. These judicial rulings become precedent that governs how marriages are dissolved, support is awarded or child custody is determined.
Minnesota residents know that child custody can be one of the primary issues during any divorce case because where a child's residence is very important to everyone involved. Minnesota courts will always make their custody decision based on the best interests of the child. But sometimes life situations can change and a custodial parent may need to turn custody over to the non-custodial parent. So here a few reasons when a Minnesota court will consider approving a child custody change.
The dissolution of a marriage can bring about a period of great stress for those involved. While the emotional and financial turmoil that is brought upon the former partners can be very difficult to deal with, it is when children are involved that the stress and uncertainty can be elevated to another level.