Child custody can be determined in dissolution, legal separation, paternity, child in need of protection and termination of parental rights cases. The custody of children is determined with respect to legal and physical custody. Legal custody means the right to determine the child’s upbringing, including education, health care, and religious training. Physical custody means the routine daily care and control and the residence of the child. Custody can be either joint or sole. Joint legal custody means that both parents have equal rights and responsibilities, including the right to participate in major decisions determining the child’s upbringing, including education, health care, and religious training. It also means that the parents must come to an agreement regarding those matters. Joint physical custody means that the routine daily care and control and the residence of the child is structured between the parties. Sole legal custody means that only one parent is responsible for determining the child’s upbringing, including education, health care, and religious training. Sole physical custody means one parent is responsible for the routine daily care of, control of and the residence of the child if sole physical custody is contemplated.
Minnesota Child Custody Lawyers
An initial custody determination is made by a Court upon the request of one or both parents. In making this determination the Court examines the “best interests” of the child or children with respect to whether custody should be sole or joint and, with respect to legal custody, also examines factors regarding the ability of the parties to cooperate in the raising of the child or children.
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*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.