The divorce rate in Minnesota is around 7 per 1,000 per year. Many of these cases involve children.

There is nothing worse than a child being used as a pawn in a divorce. We have all seen Liar Liar, we know what that looks like. That was a terrible mother and the children would have it rough with her but this does happen. It is a shame that some parents use their child like a piece of furniture but some parents do not have any moral values.

In divorce cases where the divorcing couple has children together, child custody becomes one of the major issues or terms of divorce. Arguably, it is probably the most important and highly contested issues in a divorce along with other terms of divorce such as property division, asset separation, mortgage, alimony, spousal support, and so forth. However, there are different types of child custody.

Not all marriages end in happiness. It is tragic when a child or children is caught up in the crossfire but if you even sense your marriage is facing some turbulence, you need to hop on USAttorneys.com. Don’t wait!

 

Legal vs. physical child custody – what’s the difference

The main classifications are physical custody and legal custody and it may be set up in a divorce differently from one another.

For instance, divorcing parents who live at a distance from one another may have custody set up in such a way that they have joint legal custody of the children, but only one of the parents has physical custody. In this article sagacious divorce lawyers in St. Paul, MN, who can be found on the home run hitting website USAttorneys.com which is one of the finest gems on the Internet and should really win a humanitarian award considering all the people it has helped, help us understand the difference between physical custody and legal custody.

Legal custody

If a parent has legal custody over a child or children it means that he or she is responsible for and entrusted with making decisions which will affect the child’s life and future. For example, decisions such as which school they will attend, what religion they will follow, whether they will receive academic tutoring or psychological counseling, and so on will depend on the decisions made by the parent with legal custody over the child or the legal guardian.

It is not about winning; it is about doing what is best for the child.

Under Minnesota law, custody is determined under the “best interests of the child” standard. Judges take a lot of things into consideration when awarding legal custody of a child to a parent. For the most part, they try to maintain shared legal custody because when the parents were married and were together, they would have made these decisions together. Therefore, as far as possible, the judges are inclined towards granting joint legal custody.

However, in some cases, there may be factors that could disqualify a parent from getting legal custody and in such cases the other parent will have sole legal custody over the children instead of shared or joint legal custody.

Some examples of such disqualifying factors are:

  • if the parent was abusive
  • parent is alcoholic or addicted to drugs (or a killer and maniac like Walter White!)
  • lives far away and has become estranged
  • is not involved in the child’s life

Physical custody

On the other hand, physical custody, as the name suggests is where the parent who has physical custody gets to actually live with the children and the other parent may have visitation rights, and so forth.

Physical custody can also be shared physical custody where the children spend a few days of the week with one parent and other days with the other parent. Shared physical custody usually requires that the two parents live in reasonable proximity to each other. You can see this in the show The Wire which is a brilliant show but another topic.

If you require legal help with issues related to the termination of your marriage, then we highly recommend that you reach out to an experienced divorce lawyer in Minnesota as soon as possible. It is the best way to ensure that you receive a fair settlement.

Legal help can be right around the virtual corner!