Understanding Minnesota’s Presumption of Joint Custody and What Fathers Need to Know

As a Father, What does Minnesota’s Presumption of Joint Custody Mean to Me?

Child custody is always critical when a Minnesota couple separates or divorces. However, legislators in Minnesota have framed their legal framework over the years to prioritize the child’s best interests.

This effectively means that there is an increasing recognition of the importance of both parents remaining and contributing to their child’s life. As a father, this legal shift has been a significant factor, as it has driven the courts to make far more equitable custody arrangements and not lean more favorably (as in the past) to the side of the child’s mother.

Minnesota’s presumption of joint custody is at the heart of this legal evolution.

In Minnesota, the term “joint custody” can refer to both legal custody and physical custody. Legal custody means the right to make significant decisions about the child’s upbringing (such as education, health care, and religion). In contrast, physical custody refers to where and with whom the child lives on a daily basis.

First and foremost, current Minnesota child custody law usually presumes that joint legal custody is in the child’s best interests. This is especially true when both parents are able and willing to cooperate on child custody issues.

This underlying presumption is based on the state mandate that most children will benefit from both parents’ involvement in their lives.

That said, it’s vital for you to note that this presumption primarily applies to legal custody of the child and not necessarily physical custody. Minnesota courts may not grant equal parenting time (or 50/50 physical custody), but they may do so if conditions permit and they feel that it is in the child’s best interests.

What Is the Difference Between Joint Legal Verses Joint Physical Custody of Your Child?

As a father, it’s also critical for you to know the facts and distinguish between joint legal and physical custody, as these issues have far different effects on you and your relationship with your child.

Simply put:

• Joint legal custody – This issue is usually presumed unless a domestic abuse situation or severe conflict between the parents could make joint decision-making harmful to your child.
• Joint physical custody—Sharing joint physical custody does not always mean obtaining a perfectly equal time split. It usually refers to a structured parenting schedule in which both parents spend substantial time with their child.

Keeping your child’s best interests in mind, the Minnesota courts consider several factors when determining physical custody and parenting time.

Facts such as:

• Your child’s specific needs and current development.
• If you and your spouse (or partner) can co-parent effectively.
• Your child’s intimate relationship with both parents.
• How each parent brought up the child before separation or divorce.
• The overall willingness of the parents to support their child’s relationship with the other parent, and more.

It’s vital to note that if you’re a father who has always played a decisive, consistent role in your child’s life and has a good relationship with and willingness to work with your ex-spouse, you are well-positioned to receive significant parenting time or joint physical custody. The court understands these are dire issues, and emotions should not cloud the issue. This is why a Minnesota child custody lawyer’s professional, empathetic, and experienced advice and guidance are mandatory in resolving these issues.

Although Presumption of Joint Custody Exists, What If My Spouse and I Can’t Agree on Custody Issues?

If you and your partner cannot reach an amicable agreement on a custody arrangement and all efforts have failed (including mediation), then the Minnesota court will commonly decide what custody arrangements are in the “best interest” of the child; this is always the court’s mandate.

Essentially, there are two ways to seek custody of your child in Minnesota, these are:

• If you’re a married couple, you and your child custody lawyer will submit a summons and petition for divorce or legal separation. This document will include your request and plan for physical custody.
• Or, if you are already divorced, separated, or never married but have proven paternity of your child, then you can submit a motion for custody in the county where your child permanently resides.

‍No matter which way you choose, this is an area where the well-versed and knowledgeable professional guidance of your child custody lawyer will prove invaluable.  After you file your custody petition, you must always notify the other parent in writing of your stance on custody and give them a chance to present their case to the judge if necessary.

However, if you cannot agree and end up in court, custody is usually decided during a trial. The Minnesota court will look at both sides and when a decision is reached, the court will enter a written order that outlines the new custody determination; simply put, the court will decide for you.

As a Father, What Are Some Key Strategies I Can Use to Gain Joint Custody of My Child?

First, always remember that if you’re a father pursuing joint custody in Minnesota, preparing your case and having a plan is the key to success.

The following are just a few of the strategies you and your compassionate child custody lawyer may use to strengthen and enhance your case:

• Always work toward a rational parenting plan – The Minnesota court always prefers that parents work together to create a sound, fair, and cooperative parenting plan; otherwise, the judge will decide for you. A sound parenting plan should outline legal and physical custody arrangements, holiday schedules, dispute resolution methods, etc.
• Show that you are flexible and cooperative – If you’re an uncooperative father, the court may see you as an unwilling co-parent. You may lessen your chances of obtaining joint custody. Cooperation goes a long way when dealing with the family court.
• Prioritize your child’s needs – Always present your arguments by showing that they benefit your child. Don’t make it about what you think you “deserve. ” Instead, focus on stability, consistency, and your overall ability to meet your child’s needs.

Most importantly, work with an experienced and deeply committed child custody lawyer to present your case clearly, concisely, and professionally. Your unique situation may seem straightforward, but having expert, compassionate, and professional legal representation will always help ensure that your rights are protected and that you’re navigating the entire legal process as effectively as possible.

I’m a Minnesota Father Who Wants Fair Custody of My Child; How Should I Proceed?

Although Minnesota’s presumption of joint legal custody reflects the state’s evolving recognition that children thrive when both parents play active roles, it doesn’t guarantee equal parenting time or joint physical custody. However, it provides fathers with a strong foundation to build their cases.

As a divorced father in Minnesota, you are provided with legally defined rights and responsibilities. These rights center around the welfare and upbringing of your child. Therefore, you must fully be informed and understand the intricacies of Minnesota’s laws to establish the legal parentage and custody you strive to obtain.

At the law offices of The Legal Dad, they totally understand, through personal experience, your rights as a father and will always tirelessly and compassionately strive to uphold your rights in court. Call them today at (612) 712-3405 for a free consultation on your unique case, and let their personal experience and legal expertise help you obtain a fulfilling future to bring up your child.