Child custody disputes can be complex, emotionally challenging, and confusing for parents. Understanding parental rights and the laws that govern custody can guide parents in making thoughtful decisions that focus on their children’s well-being.
If facing a custody dispute, contact our office via our online contact form or call (651) 369-7749 to discuss your options.
What Is Child Custody?
Child custody defines the legal and day-to-day responsibilities a parent has toward their child. It is typically divided into two primary types:
- Physical custody: Determines where a child will live and the parent responsible for daily care.
- Legal custody: Refers to a parent’s right to make important decisions regarding education, healthcare, and welfare.
Custody can either be shared by both parents or awarded entirely to a single parent. Courts prioritize the child’s best interests when determining custody arrangements.
Factors Courts Consider in Custody Decisions
Courts assess multiple factors when making custody decisions, including:
- The child’s age and physical and emotional needs
- The ability of each parent to provide a stable environment
- The child’s relationship with each parent and siblings
- Any history of domestic violence or substance abuse
Judges aim to ensure that children maintain meaningful relationships with both parents whenever possible.
Understanding Parental Rights
Parental rights are legal rights and responsibilities that come with being a parent. These include:
- The right to make decisions about the child’s education, healthcare, and welfare
- The right to reasonable parenting time and visitation
- The obligation to provide financial support for the child
It is essential to understand that parental rights are protected by law; however, they can be modified if the circumstances affecting the child undergo significant changes.
Shared vs. Sole Custody
Custody can be arranged in multiple ways depending on the parents’ situation:
- Shared custody: Both parents have significant involvement in the child’s life, either through joint legal custody, joint physical custody, or both.
- Sole custody: One parent is granted full legal and physical custody. The other parent may have visitation rights.
Each arrangement has implications for decision-making, daily care, and parenting responsibilities.
Modifying Custody Orders
Custody arrangements are not necessarily permanent. Parents can request a modification if circumstances change, such as:
- Relocation of a parent
- Changes in the child’s needs
- Evidence of neglect or abuse
- Parental incapacity
Modifications require demonstrating that the change is in the child’s best interests.
Mediation and Dispute Resolution
Mediation can be a useful tool for resolving custody disputes outside of court. It allows parents to:
- Discuss arrangements in a structured setting
- Explore compromise solutions
- Reduce legal fees and conflict
While mediation may not work in every case, it provides an opportunity for parents to collaborate on decisions affecting their children.
Working With a Family Law Attorney
An attorney experienced in family law can guide parents through the custody process, ensuring that parental rights are understood and protected. A lawyer can help:
- Explain custody options and legal terminology
- Navigate filings, court procedures, and documentation
- Represent a parent’s interests in negotiations or court proceedings
Eagan Family Law Attorney for Child Custody Disputes
Understanding custody and parental rights can be challenging without legal guidance. Kennedy & Ruhsam Law Offices, P.A. is available to provide clarity, discuss options, and support parents through disputes. Contact our office via our online contact form or call (651) 369-7749 to schedule a consultation.