In Minnesota, there are two different types of custody – legal and physical custody. Each term means something different. Both are legally determined by examining twelve separate legal factors to resolve what is in the “best interests of the child”, not what is in the best interests of the parents.
COMMON QUESTIONS ABOUT CHILD CUSTODY
How are legal and physical custody determined?
Legal custody involves which parent shall make medical, educational, religious and other significant decisions for a child. Physical custody involves who is going to take care of a child’s daily needs. Legal and physical custody are either joint between both parents or sole to one parent. In Minnesota, a court must weigh the best interests of a child when considering legal custody and physical custody of that child. Minnesota Statute §518.17, subdivision 1(a) states:
In evaluating the best interests of the child for purposes of determining issues of custody and parenting time, the court must consider and evaluate all relevant factors, including:
(1) a child’s physical, emotional, cultural, spiritual, and other needs, and the effect of the proposed arrangements on the child’s needs and development;
(2) any special medical, mental health, developmental disability, or educational needs that the child may have that may require special parenting arrangements or access to recommended services;
(3) the reasonable preference of the child, if the court deems the child to be of sufficient ability, age, and maturity to express an independent, reliable preference;
(4) whether domestic abuse, as defined in section 518B.01, has occurred in the parents’ or either parent’s household or relationship; the nature and context of the domestic abuse; and the implications of the domestic abuse for parenting and for the child’s safety, well-being, and developmental needs;
(5) any physical, mental, or chemical health issue of a parent that affects the child’s safety or developmental needs;
(6) the history and nature of each parent’s participation in providing care for the child;
(7) the willingness and ability of each parent to provide ongoing care for the child; to meet the child’s ongoing developmental, emotional, spiritual, and cultural needs; and to maintain consistency and follow through with parenting time;
(8) the effect on the child’s well-being and development of changes to home, school, and community;
(9) the effect of the proposed arrangements on the ongoing relationships between the child and each parent, siblings, and other significant persons in the child’s life;
(10) the benefit to the child in maximizing parenting time with both parents and the detriment to the child in limiting parenting time with either parent;
(11) except in cases in which domestic abuse as described in clause (4) has occurred, the disposition of each parent to support the child’s relationship with the other parent and to encourage and permit frequent and continuing contact between the child and the other parent; and
(12) the willingness and ability of parents to cooperate in the rearing of their child; to maximize sharing information and minimize exposure of the child to parental conflict; and to utilize methods for resolving disputes regarding any major decision concerning the life of the child.
The same Statute says in part:
There is a rebuttable presumption that joint legal custody is in the best interests of the child unless there has been domestic abuse involving the child.
Joint physical custody does not require an absolutely equal division of time.
The court shall consider both parents as having the capacity to develop and sustain nurturing relationships with their children unless there are substantial reasons to believe otherwise. In assessing whether parents are capable of sustaining nurturing relationships with their children, the court shall recognize that there are many ways that parents can respond to a child’s needs with sensitivity and provide the child love and guidance, and these may differ between parents and among cultures.
How to get custody of a child?
Unless the parents can reach an agreement on how to address legal and physical custody in the divorce, Minnesota law requires a judge to schedule a Trial for the parents and their witnesses to testify about these factors and for the parents to present Exhibits, or evidence, that supports their wishes. In the end, the judge will be the one to take this evidence and make a ruling on legal and physical custody. Custody cases are one of the most difficult and emotional court cases a person can go through so consulting with, if not retaining, an attorney is strongly encouraged.
Who claims a child on taxes with 50/50 custody? Do you pay child support with joint custody? Can a non-custodial parent claim the child on taxes?
A non-custodial parent cannot claim a minor child for taxes under IRS tax Code or under Minnesota law unless the parents agree to it. They will want to sign IRS tax form 8332 laying out this agreement should the IRS audit one or both parents. Otherwise, federal and state tax laws favor the custodial parent claiming the child for taxes whether for a deduction, exemption, tax credit, head of household or earned income tax credit.
Divorcing parents need to address how to claim their children for taxes. Any disagreements about how to claim children for taxes that cannot be worked out between the parents must then be addressed in court as a judge will decide who claims the children and in what years they can be claimed.
Child support is not calculated based on custody. In Minnesota, it is based on several factors including the parents’ gross monthly income, the costs the parents pay for daycare and health and dental insurance for the children as well as the number of court-ordered overnights the parents have over a two-year period of time. The best way to learn more about child support and how it is calculated is by reviewing the following link – https://childsupportcalculator.dhs.state.mn.us/.
Will police enforce child custody?
Law enforcement is supposed to enforce any court order from any state; however, do not count on law enforcement to do so. Each officer has the discretion on how to respond to a call for service. Some officers will enforce the order and have the parent withholding the children return them to the other parent. Some officers will tell the parents their custody dispute is a civil matter, and they need to go to court to have a judge address their disagreements.
What to keep in mind when thinking about custody?
Minnesota law does not favor mothers or fathers. The law only cares about the best interests of the children.
Judges like to know who is:
making the children’s medical appointments and taking the children to those appointments,
attending parent/teacher conferences, and
encouraging the children to become involved in school activities and limiting the use of babysitters for non-work reasons, if possible.
Judges pay attention to:
any drug use or misuse of prescription drugs,
significant possible undiagnosed mental health issues, and
the parent’s parenting styles which are likely different but alone does not mean they cannot parent together. Different is okay until it could be harmful to the children.