The firm represents clients on all legal issues related to child custody in Minnesota.
The legal meaning of child custody varies in every state, but I am going to do my best here to give a generic, nation wide definition of child custody.
Check with a Minnesota family law attorney in your state and area on individual changes in meaning. Believe me, it matters.
Child Custody Defined:
- “Legal custody”: is typically defined by state law to mean the right of parent’s to determine their children’s upbringing as a whole. Upbringing includes making decisions on education, health care, or religious training.
- “Joint legal custody” is typically defined by state law to mean that both parents have equal rights and responsibilities as to their children. This, like legal custody, includes the right to participate in major decisions determining their children’s upbringing, including education, health care, or religious training.
- “Physical custody and residence” is typically defined as the routine daily care and control and the residence of the child. In short, this means that the child lives at a certain parent’s physical address. Physical custody often denotes the residence of the parent who is receiving child support from the “non-physical custodial parent.”
- “Joint physical custody” is typically defined as the routine daily care and control and the residence of the child as is structured between the parties.
- “Custody determination” typically means a court decision and court order made by a family law judge related to how the custody of children is going to be arranged. The court order will do things like providing for the custody of a child, including parenting time, but the actual “custody determination” does not include a decision by the judge relating to child support or any other monetary obligation of any person.
- “Custody proceeding” typically means a proceeding in which a custody determination is one of several issues. This will often be a hearing before a judge where evidence is presented. The proceeding can include other things such as an action for dissolution, divorce, or separation. Additionally, if necessary, the custody proceeding can include decisions by a judge involving children who are in need of protection or services, domestic abuse, and paternity.
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