Efficient, Experienced Family Law Collaboration And Representation

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Child Custody and Visitation

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What’s the difference between legal and physical custody?

Burnsville Child Custody Lawyer Protecting Your Parental Rights

In divorces, child custody is often among parents’ most argued subjects. Visitation schedules can also be challenging to agree on. However, parents may achieve joint custody if both parents are willing to structure a parenting plan together that is agreeable.

The Burnsville child custody lawyer from Meinerts Law Office, P.A., can help guide you through visitation and custody disputes. With experienced guidance by your side, you can protect your connection to your child while ensuring that your child’s best interests stay in mind.

What Are The Two Types Of Child Custody In Minnesota?

There are two types of child custody in the state of Minnesota:

  • Legal custody allows parents to make crucial decisions regarding the child’s upbringing.
  • Primary custody is awarded to the parent who will house and care for the child day-to-day.

When the court grants one parent more parenting time but those parents share legal custody, they must still work together to make decisions about details like their child’s health and education.

What Factors Go Into Determining Child Custody?

The custody decision is left to the judge if you, your spouse or the other child’s parent cannot decide outside of court. The decision means that the judge will consider all aspects of your case and several factors to make a decision.

A few of the factors that the judge in family court may consider include:

  • Who has been the primary caretaker
  • The child’s preferences
  • If the parents have a history of abuse
  • The parents’ ability to spend time with the child

Child custody decisions may also protect other relationships. For example, in a divorce, grandparents can often be forbidden from seeing their grandchildren due to the rifts between the divorced parents. Protecting these grandparents’ rights may also factor into a custody arrangement.

What Is The Difference Between A Parenting Plan Vs. Parenting Time Schedule?

A parenting plan outlines the arrangements made between parents regarding the custody and care of their children. It covers various aspects of parenting, including:

  • Allocation of specific days for the child’s residence
  • Decision-making authority for major aspects of the child’s upbringing
  • Communication protocols between parents regarding the child’s needs
  • Conflict resolution methods

A parenting plan serves as an important blueprint for navigating your co-parenting responsibilities and decision-making in child custody arrangements.

On the other hand, a parenting time schedule details the specific times and dates when every parent will have physical custody of the child. It includes:

  • A regular day-to-day schedule
  • Holiday and vacation schedule
  • Transportation arrangements
  • Flexibility provisions

In essence, while a parenting plan provides a comprehensive framework for co-parenting responsibilities and decision-making, a parenting time schedule focuses specifically on allocating physical time with the child.

What Is Alternative Dispute Resolution (ADR), And How Can It Benefit Your Custody Case?

Alternative dispute resolution (ADR) refers to methods of resolving legal disputes outside traditional courtroom litigation. ADR techniques involve mediation and arbitration in Minnesota family law cases, including custody disputes. The incorporation of these techniques in ADR can be beneficial to your custody case in the following ways:

  • Empowers you to retain control over the outcome of your dispute
  • Fosters cooperation and constructive communication between co-parents
  • Cost-effective than traditional litigation, saving time and money by avoiding lengthy court proceedings and attorney fees
  • Maintains confidentiality, protecting sensitive discussions and negotiations
  • Faster resolution of custody disputes

Like any other legal project, engage an experienced attorney to guide you through the advantages of ADR for the successful resolution of your custody case. A reputable attorney can offer invaluable guidance and representation throughout the ADR process. Attorney Merlyn Meinerts leverages his expertise in the advantages of alternative dispute resolution to benefit each client.

Advocating For Unmarried Fathers’ Rights In Minnesota

Meinerts Law Office, P.A., understands that relationships between family members can be confusing. The firm also understands the struggle that fathers face when their child’s mother is the only legally recognized parent. Caring Burnsville child custody attorney Merlyn Meinerts is here to support you as you seek custodial rights or visitations.

Fathers may also need to protect their connection with their child, whether both parents agree on their child’s parentage or by taking the issue to court. He can offer guidance at every stage of this process to help fathers protect their right to parenting time and continue to support their child as they grow.

Can A Child Refuse Visitation In Minnesota?

Despite no specific age, the child is mature enough to express a personal opinion on which parent they want to stay with. It is very uncommon for the court to accept the view of a child younger than seven years old. Therefore, custodial preferences are almost always awarded to teenagers as long as there are valid reasons for having that preference.

Does Minnesota Law Allow Virtual Visitations?

With the rise of technology, some divorced parents find it easier to stay in touch with their children and keep their relationships intact, even from a distance. Tools like FaceTime are increasing in popularity, and in some states, they’re now a right that parents have. For example, Utah was the first state to enact an electronic visitation law that could give parents the request to communicate with their children electronically.

However, laws are intended to supplement rather than replace traditional visitation methods. This means that virtual visitation is intended to provide another way of strengthening the bond between the parent and child.

Protect Your Parental Rights Today

For knowledgeable and compassionate child custody representation, contact a Burnsville family law attorney at 952-208-8500 to arrange for an initial consultation.