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Commonly Asked Questions about Minnesota Family Law

Some parents are able to manage a roughly 50/50 custody split, meaning that the child lives with each parent an equal amount of time. This can work if both parents live close to one another and to the childs school, and are able to exchange the child regularly without difficulty. Understanding the Different Types of Child Custody in MN Toepfer At Law understanding-the-differe Toepfer At Law understanding-the-differe
Fathers right to parenting time and custody; recognition of paternity. If paternity has been recognized under section 257.75, the father may petition for rights of parenting time or custody in an independent action under section 518.156.
The mother of the minor child has automatic sole legal and sole physical custody where the parties are not married and a Recognition of Parentage was not signed. A mothers rights can be defeated if it is shown that the mother is unfit or has abandoned the child. Minnesotas family and divorce law is gender neutral .
In Minnesota, two parents can share joint physical custody of their children, and it does not mean that the children have to spend an equal amount of time in each home. The only requirement is that the children live in each home for a scheduled period of time.
By law, if the mother and the father of a child were not married at the time of the childs birth, the mother has sole custody of the child until a court issues a custody order. This is true even if the parents have signed a Recognition of Parentage and both names appear on the childs birth certificate. Child Custody - Minnesota Judicial Branch Minnesota courts (.gov) Help-Topics Child-Custody Minnesota courts (.gov) Help-Topics Child-Custody
In most cases, the law presumes that a parent is entitled to receive at least 25% parenting time with a child. Keep in mind that 25% is only the presumed minimum amount of time that a child should spend with their parent.
A mother may lose legal and/or physical custody if she is using illegal drugs, misusing prescription drugs or is not seeking help or treatment for a diagnosed mental health issue. It could also mean a mother is in an abusive relationship where the children have witnessed that abuse and are negatively affected by it. Child Custody - Sterle Law Sterle Law services child-custody Sterle Law services child-custody