Top Child Custody Lawyer Minneapolis
A parent’s legal right to raise their minor child and make decisions in their best interest is known as child custody. Unless that right is taken away by the state, a parent may make decisions regarding where the child lives, what school they will attend, what religion they will be brought up in, and what is best for their health and safety.
When parents of minors divorce or separate, the rights of the parents may be contested and given to one parent over the other. This happens when the parents cannot agree, and the legal system must step in and rule according to the laws of the state and what the court deems best for the well-being of the child.
If you are facing a custody battle, you need the best child custody lawyer Minneapolis has to offer, and at Kaus Law, that’s exactly what you’ll get. Led by trusted Twin Cities divorce and family law attorney Rebecca Kaus, we have the skills, resources, and experience needed to help your family through this challenging situation.
Basics of Child Custody MN
It can be difficult to navigate the laws surrounding child custody. There is legal custody, physical custody, child support, and visitation, to name a few. When a couple gets divorced, child custody will be arranged by a judge, but it can always change in the future.
Joint custody of the children is always preferred so they can have a relationship with both parents. Unfortunately, this cannot be the case in some situations. Factors like who the children will reside with, how often they will see the other parent, who the decision-maker will be, and who will pay child support will all be part of an order by the judge, who will thoroughly analyze the family’s situation to determine the best course of action.
The everyday care of the children is part of physical custody, which will be held by the custodial parent, though the non-custodial parent may get visitation. This can be divided into two different types:
- Joint Physical Custody – This is determined based on the parents’ schedules and who is available. If an agreement cannot be reached regarding a schedule, the court will impose one. This will ensure children get significant time with both parents.
- Sole Physical Custody – This is given to one parent when the other is deemed unhealthy or unstable. Examples of reasons include abusive behavior, alcohol or drug abuse, or criminal activity from a parent. Sole custody may be granted when children are kept from one parent despite what the court says.
Separate from physical custody, legal custody dictates which parent makes the decisions regarding the child’s upbringing as well as how the decision-making roles will be divided. This includes the child’s routine, education, and religion.
Typically, both parents must consult each other before making an important decision, especially if they share legal custody. If this is not observed and one parent constantly makes decisions on their own, legal custody can be revoked. This can spark a child custody dispute, which requires the assistance of an attorney who is experienced in child custody issues.
When to Turn to Our Child Custody Lawyers Minneapolis
Child custody is often a major issue when it comes to divorce. When one party interferes with the kids’ relationship with the other, they could get little visitation or lose any sort of custody.
This can happen when the following occurs:
- Affection Alienation – When one parent talks badly about the other to or in front of the children. It is also when one parent keeps the kids from another.
- Physical Confrontation – Acting physically abrasive toward the other parent or “going after them” in an angry manner. This is illegal as it is considered battery.
- Criticism – Criticizing the other parent to anyone who will listen, whether it be relatives, co-workers, friends, etc. can be considered alienation of affection.
- Child Support Issues – Not following the child support order because you disagree with it can make you seem uncooperative.
- Denying Phone Contact – If one parent does not allow the kids to contact the other by phone, this is considered alienation.
- Removal from School – When the non-custodial parent removes the kids from school, this can be suspicious and even mean they are planning to flee with the children, which is kidnapping.
If your family is experiencing any of the above, a Minnesota child custody lawyer at our law firm can help you determine your best course of action.
How a Child Custody Lawyer MN Can Help
It’s never a good idea to leave your family’s fate in the hands of the family court system. When child custody is disputed, having a skilled Minnesota child custody lawyer by your side is a must. When you turn to Kaus Law, we’ll apply our child-centered approach to help your family reach a resolution that elevates your child’s best interests both in and out of the courtroom.
Understanding the Role of Our Child Custody Lawyers MN
Our child custody attorneys can help with a range of legal issues regarding child custody and parenting time. Sometimes, one parent is abusive toward the other or there is excessive hostility between the parties, so communication is not possible. Sole legal custody may be given to the parent the court deems able to make the best decisions for the child.
If one parent is found to be unfit because of addiction, for example, the judge could order sole custody to the other parent. The offending parent may receive supervised visits, often if they go to AA or complete court-ordered programs. In these cases, a lawyer can help guide the judge toward making a decision by advocating for both the parent’s rights and the child’s best interests.
Turn to a Child Custody Attorney MN for Expert Mediation
If a couple disagrees about an arrangement, the court will step in and issue a custody order. In these cases, almost every state will use mediation, or an alternative dispute resolution (ADR) to determine how custody will work before a judge must get involved. The ADR will give each parent the chance to present their plan to the mediator so an agreement can be reached.
In the event an agreement cannot be reached despite mediation, the mediator will speak with the kids privately and establish a plan that is in their best interest. After all, it is the mediator’s job to think of the children despite any turmoil going on between the parents. They will also decide if one parent is attempting to keep the kids from the other.
The judge will usually make a final decision based on the information and recommendation reported by the mediator. Kaus Law’s trusted family law and divorce lawyers in St. Paul, MN have unrivaled expertise in mediation, and you can count on us to help your family come to a favorable resolution.
Consult the Best Minneapolis Child Custody Lawyer Today
A child custody dispute can be exhausting and overwhelming to deal with. To get the best result, you need a skilled, knowledgeable attorney who can guide you through each step of your case and help you get the best possible outcome. In other words, you need Kaus Law.
Serving Minneapolis, St. Paul, and the surrounding area, we’re here to advocate for you and your family throughout this difficult time. With practice areas exclusively limited to the family law realm, you can rest assured that we’ll put your family first in everything we do. Please contact us at our Farmington office today to schedule a free consultation, where we will listen to your story and help you lay the groundwork for a better and brighter future.