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WHAT IS
PHYSICAL CUSTODY?
An In-Depth Look at Physical Custody in Minnesota the Different Types of Custody and How It Gets Decided In and Out of Court
JASON KOHLMEYER
MINNESOTA FAMILY LAW ATTORNEY
If two parents are raising a child but living separately, it is important to determine where the child should live and who should make decisions on behalf of the child. These issues are two separate issues and when a custody agreement is reached, the agreement must specify both who the child will live with and who has authority on matters related to health, academics, religion and other key issues. The decision on where the child should live relates to physical custody, while the ruling on who should make decisions on behalf of the child relates to legal custody.
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Negotiating this type of out of court agreement is typically best done with the help of an experienced divorce and family law attorney who can help parents to understand their rights, communicate without animosity, and come to a fair agreement that works for everyone. Mediators can also provide important assistance to parents in negotiating a plan for physical custody outside of court. If parents are not able to negotiate an agreement on physical custody on their own, then the issue will need to be litigated and a family court judge will need to issue a ruling on physical custody. In these types of cases, the judge considers what is in the best interests of the child. Often, this means that physical custody of the child will be shared among both parents since it is viewed as best for a child to maintain contact with both his or her mother and his or her father.
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physical custody but the other parent may see the child every other weekend and on certain holidays. Shared custody: In this type of arrangement, physical custody of the child is shared and the child essentially lives in two places and/or regularly spends time with both parents. A child, for example, might spend one month with one parent and then move to the other parents home for the next month. The decision on which of these options is the right one is going to vary from family to family. If the court is forced to make the choice on who should get physical custody, the court will consider factors including who has been the childs primary caregiver over his or her life as well as which of the parents can provide a more stable environment and more connections to community and extended family.
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Rosengren Kohlmeyer Law Office 150 St. Andrews Court, Suite 110 Mankato, Minnesota 56001 www.RokoLaw.com
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