Minneapolis Child Custody Attorney

Legal & Physical Custody

Relative to determinations as to child custody, in Minnesota there are two types of custody, "legal" and "physical" custody:

• Legal custody means the right to determine the child's upbringing, including education, health care, and religious training. "Joint" legal custody means both parents have equal rights and responsibilities to participate in making major decisions affecting the child's upbringing, including education, health care, and religious training. 
• Physical custody and residence means the routine daily care and control and the residence of the child – in other words where the child is living and who is making daily decisions as to the child's routine care.

Parenting Plans

Most parents are able to agree to a parenting plan, either amongst themselves or with the help of a mediator or parenting time evaluator. Your plan will define what role each parent will have in making legal custodial decisions as to your children's education, health care, and religious upbringing. Your plan will set forth your children's residential schedule, and who is responsible and when for making the day-to-day decisions involving the care of your children. It may, in certain circumstances involving concerns over mental health or chemical dependency, place limits or conditions on parenting time. Your plan will also set forth a schedule for dividing holiday and vacation time with your children.

Parenting plans can be designed to anticipate the multitudes of potential issues which may arise in the future relative to co-parenting of children, including possible disputes over holidays, birthdays, school events, extracurricular activities, vacations, illness, and drop-offs and pickup times and locations. The aim of this language and planning is to head off future disputes before they happen so that children can grow and thrive free from the strife which occurs when parents have such disputes.

Social Early Neutral Evaluations

Over the last twenty years, Minnesota has led the country in a process known as Social Early Neutral Evaluations (SENEs). An SENE is essentially a mini-custody evaluation/mediation conducted in a three- to four-hour session. The program has been extremely successful, and statistically, approximately 70% of custody/parenting time disputes are settled in the SENE process. In an SENE, the parties will agree to a panel of two evaluators, usually psychologists who conduct custody evaluations but many lawyers also serve as SENE neutrals. The panel is typically gender-neutral, with one male and one female evaluator. The parties and counsel will meet with the evaluators (today typically in a Zoom meeting), with the parties first discussing the children, their involvement in caretaking, any concerns about the other parent, and their desire for custody and parenting time. Absent a need for the evaluators to have other information (if allegations of mental health or chemical dependency are raised), the evaluators will then adjourn to consult for 15 to 20 minutes, and will then return and advise the parties based upon what has been presented, as to a schedule they believe will be the result were the parties to invest in a formal custody evaluation. The evaluators then change hats and become quasi-mediators, and try to help the parties reach an agreed-upon parenting plan. Once hearing from a third party what they believe will be the result of protracted litigation over custody and parenting time, as noted most cases will reach an agreement in the SENE process.

What Happens If Spouses Cannot Agree on a Parenting Plan?

If you and your spouse cannot decide on an appropriate parenting plan, ultimately, your children's future will be determined in part by a stranger - a judge or referee making the decision of where your children will live and how much time the children will spend with their mother and how much time with their father. Under Minnesota Law, this decision must be made in the "best interests" of the minor children. The statute sets forth twelve primary factors the Court must make findings on in determining the best interest of children in determining custody and parenting time. Other factors may be considered if there are allegations of domestic abuse, or if one parent desires to move out of state with the child or children. No one factor is determinative.

Custody & Parenting Time Evaluations

To assist the court in making findings as to the best interests and joint custody factors, where the parents cannot agree, the courts sometimes will appoint a neutral third party to conduct a "custody or parenting time evaluation." Only a few counties today have the resources to maintain a court services department to conduct custody evaluations, and many courts today feel that they can make a decision as to parenting time without a custody evaluation. Custody evaluations, especially through a private psychologist, can be very expensive.

At the end of the evaluation process, many evaluators will first meet with counsel for the parties and orally present their recommendations. Thereafter counsel and the parties are given another opportunity to try to reach an agreement as to a parenting plan. Only if an agreement then cannot be reached will a full report be issued, and then the parties will try the issue to the court.

Parenting Time Expeditors & Parenting Consultants

To assist parents in resolving disputes as to parenting time, and in making decisions involving the care and upbringing of their children, both during the proceedings and thereafter, there are several types of professionals available to assist you and your children. Parenting time expeditors can be appointed by the Court with or without the agreement of the parties. Expeditors can decide issues arising after a parenting time order has been issued. Parenting Consultants (PCs) can only be appointed if both parties agree to a PC. The scope of authority of a PC to decide parenting time issues is much broader than that of an Expeditor and is determined by the parties in drafting an agreement for a PC.

Guardian Ad Litems

The court may appoint a guardian ad litem to represent the interests of the children and to advise the court on issues of custody and parenting time. A guardian is supposed to be appointed where there is an allegation of danger or harm to a child. Notwithstanding this, budgetary constraints today sometimes limit the appointment of a guardian. When appointed, the guardian can meet with the child/children and may be directed to make recommendations as to custody and/or parenting time. In some counties, courts will appoint guardians to make such recommendations in lieu of a custody evaluator.

The Benefits of Shared Parenting

Over the past few decades, more and more psychological studies have emerged showing that with two well-functioning parents, the more time your children spend with each of you, the better adjusted they will be growing up. It is not atypical, especially with children in primary and secondary school, to end up with schedules in which both parents have substantial to equal parenting time with their children.

Child Custody Mediation: A Collaborative Approach

At Sobol Family Law, we understand that child custody disputes can be emotionally challenging for all parties involved. That's why we offer child custody mediation as an alternative to traditional litigation. Mediation provides a collaborative and non-adversarial approach to resolving custody issues, allowing parents to work together to create a parenting plan that is in the best interest of their children.

Benefits of child custody mediation include:

• Greater control and input: Mediation allows parents to have a say in the decision-making process and create a parenting plan that meets their unique needs and circumstances.
• Reduced conflict: Mediation promotes open communication and cooperation between parents, helping to minimize conflict and create a more positive co-parenting relationship.
• Cost-effective: Mediation is often more affordable than going to court, as it typically requires fewer attorney fees and court costs.
• Quicker resolution: Mediation can help expedite the resolution of custody disputes, allowing parents and children to move forward with their lives more quickly.
• Preservation of relationships: By working together in mediation, parents can preserve their relationship as co-parents and create a more stable and supportive environment for their children.

If you are seeking a collaborative and child-centered approach to resolving your custody issues, our experienced attorneys are here to guide you through the mediation process. Contact us today to schedule a consultation.