In Minnesota, the label of child custody consists of two parts: physical custody (where children reside) and legal custody (the authority to make major decisions concerning children such as education, medical care and religious training). The underlying standard in all custody cases (divorce and paternity) is the "best interests of the child." Child custody can be sole or joint. Joint physical custody can be determined by parents to mean equal parenting time or shared parenting time in percentages of time other than 50/50. Under Minnesota's new child support law, parenting time now falls into three categories. See the Child Support section for more information.

Parents also have the option of forumlating a Parenting Plan, an agreement that addresses children's residence, parenting time allocation, decision-making, participation in extra curricular activities, a method of resolving future disputes and other topics that parents determine to be important. In Parenting Plans, the focus is on parenting time and not on custody labels. Parenting Plans can be created directly between the parents, with the assistance of counsel, or through mediation.

In post-decree cases, a showing of endangerment (physical or emotional) may also be necessary to modify a custodial arrangement. It is no longer presumed that a parent with sole or primary physical custody can move outside the State of Minnesota for demonstrated legitimate reasons such as a remarriage or a job change. Absent an agreement between the parents or enforceable language in a court order, if moving the children outside the State of Minnesota remains disputed, a court will consider whether the move is in the childrens` best interests following a hearing.

At Napuck Law Offices, P.A., we are sensitive to the emotions involved in restructuring a family unit. Our approach is to seek the best solutions for our clients by first assessing whether parenting topics can be resolved outside of court. Court should be a "last resort" for parents but it is sometimes necessary in high-conflict situations. If court is necessary to resolve the parenting topics, Minneapolis custody attorney Geri has the experience and skills to litigate the case to a conclusion.

Learn more about Minneapolis custody lawyer Geri Napuck.