Coffee with Claire #6 – Commonly Asked Questions Blog Series
February 7, 2018
What is Custody?Writer’s note: This blog series is meant to act as responses to “quick” questions you may have for attorneys. Think of these answers as a “quick” answer you might receive over coffee from your friendly neighborhood attorney.
In Minnesota there are two types of custody – legal and physical custody. Both types of custody can be either “joint” or “sole” (i.e. Sole Physical, Joint Legal). Joint meaning parents make the decision together, sole meaning one parent makes the primary decisions.
Legal custody determines the “big things” for kids – education, healthcare, and religion. There is a presumption that parents share legal custody, or have joint legal custody. However, that is overcome if there has been a finding of domestic violence.
Physical custody is the “day to day” items of parenting (making sure kids are dressed appropriately for the weather, making sure homework is taken care of, etc.). There is no presumption for joint physical custody. Physical custody labels are based on the “best interest” factors in Minn. Stat. §518.17.
An important note: custody and parenting time are two different things. Parents can have joint physical custody, and one parent have the vast majority of time. Likewise, one parent can have sole physical custody, and have nearly equal parenting time with the other parent.
If you have questions about custody in Minnesota, please contact Claire Tralle to set up a free initial telephone call.
The information in the Coffee with Claire series are intended to provide information only. No legal advice is being provided or implied via this blog post. No attorney-client relationship is formed by providing this information. An attorney-client relationship with Tralle Law, LLC is formed only after a retainer contact is signed by all parties.
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