Common Questions a Child Custody Attorney in Mankato, MN Can Answer

by | Dec 18, 2017 | Child Custody

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In Minnesota, child custody hearings are scheduled after the conclusion of a divorce case. The hearings involve the presentation of facts about each parent and determine which parent receives custody. A child custody attorney in Mankato, MN can answer commonly asked questions for the parents.

Do Gender Roles Apply to Child Custody Cases?

No, the state of Minnesota doesn’t follow traditional gender roles to distinguish the most suitable parent for the child. Each parent has an equal opportunity to receive joint, physical, or sole custody. The gender of the parent doesn’t play any role in the court’s determination.

Can All Children Identify Their Preferences?

Yes, children of all ages can designate which parent they prefer to live with in a child custody hearing. However, in most instances, the child must be at least twelve to have the mental capacity of making such a decision. A guardian ad litem is assigned for all children involved in child custody cases.

Does the Role of the Primary Caretaker Play a Part in Custody Determinations?

Yes, the primary caretaker could have a more substantial case when seeking custody. The bond between the primary caretaker could be greater than the child’s bond with the opposing parent. When making a choice, the judge may provide physical custody to this parent based on their relationship with the child.

How Does Continued Stability Apply to the Cases?

The judge’s assessment helps determine which home is most suitable for the child. A parent who lives in the same area as the marital home could provide a stable home for the child. Under the circumstances, the child won’t have to leave the school district or end lifelong friendships cultivated during the marriage. The parent could provide continued stability for the child.

How Are Risks and Domestic Violence Managed?

A parent convicted of domestic violence is less likely to receive child custody. Additionally, risks such as addiction could also play a role in a parent’s right to custody. A judge won’t provide custody if any risk to the child’s well-being is present in the home.

In Minnesota, a parent has the right to seek child custody if they are able to provide a suitable home for the child. However, in a custody hearing, the judge has the final say about which parent receives custody. Parents who need help should contact a child custody attorney in Mankato, MN or visit now.

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