Child Custody / Child Support Issues in Minneapolis
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The attorneys at the Family Law Offices of “insert attorney name” in Minneapolis concentrate on security, self-sufficiency and the care of your children. We are experienced in Child Custody and Child Support matters. The desire for stability and the protection of your children are critical issues; we will give you the personal attention you need at this stressful time.
Child Custody and Support Overview
- The best interests of your child are always the #1 priority of the court.
- Both parents are responsible for caring for their children until at least the age of 18.
- Your child needs and deserves to be loved by both parents.
Child Custody
- The court always determines custody by considering the children’s best interests:
- Maintaining stability in the lives of the children
- The mental and physical health of each parent
- Caregiver’s ability to care for the children
- If the child is old enough (over 12) and expresses where he or she wants to live, the judge will take that into consideration
- The court has custody evaluators that talk to the children
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Custody Types
- Joint Legal and Joint Physical Custody
- Both parents have equal rights and equal decision-making responsibilities
- Medical
- Education
- Religion
- Other activities
- Both parents are authorized to consent to emergency medical care
- Children reside with parent who has physical custody
- Both parents have equal rights and equal decision-making responsibilities
- Sole Custody
- The children live with one parent
- One parent has major decision-making responsibilities
- Medical
- Education
- Religion
- Other activities
- Joint Custody
- The parents share the parenting of the children
- This doesn’t necessarily mean 50/50 custody
- Joint Physical Custody
- Both parents pay support to each other when the children are not with them.
- Child Custody Modifications
- If circumstances change, a new order can be filed to change custody arrangement.
- Present home presents dangers to the child’s physical or mental heath.
- Both parents agree to a change.
- The court requires witnesses and affidavits to modify the custody arrangement.
- If circumstances change, a new order can be filed to change custody arrangement.
Parenting Plan
- A Parenting Plan is an alternative to legal and physical custody designations – both parents must request. It includes:
- A time schedule for each parent to see the children
- Who will make the major decisions for the children
- What happens if one parent has to move?
- If parenting disputes, how will they be resolved (consultant, mediator)?
- Designation of the legal and physical custodian must appear in the final divorce decree.
- Some states do not acknowledge parenting plans
Parenting Time
- Also known as visitation – for the non-custodial parent.
- The children are with the non-custodial parent every other weekend, alternate holidays, and spend time during summer vacation – schedule set by court.
- The court might order a parenting time expeditor to help assist the parents.
- The expeditor can determine if an order was violated.
Relocation
- Minnesota law makes it difficult for the custodial parent to move out of the state with the child.
- You must give the other parent notice and reason for your intent to move to another state.
- You might also have to file a motion with the court in order to arrive at an agreement with the non-custodial parent.
Minneapolis Child Support
- Minnesota law requires both parents to care for their children financially.
- Child support continues until the child reaches 18 or graduates from high school.
- Child support consists of:
- Monthly payments
- Medical insurance
- Child care expenses
- The income of both parents is taken into consideration.
- If a parent has the children in their care more than 45% of the time, Minnesota law will provide a 12% credit off child support to the obligor (or parent who pays).
- Child support modifications will be considered if:
- If there is a substantial change in circumstances.
- There is a 20% decrease in gross income of either parent.
- The court can limit the change in child support if it creates a hardship for either parent.
- If the obligor’s gross income is less than $1,000 a month, the amount of child support would be:
- 1-2 children: $50 a month
- 3-4 children: $75 a month
- 5+ children: $100 a month
- Failure to pay child support:
- If you fail to pay child support, it becomes an arrearage and you must appear before the court.
- Non-payment can include:
- Revoking your driver’s license
- Taking the support from your Federal and/or state tax refund
- Denying other licenses, such as: recreational or a license to practice law
- Placing a lien on your car or other property
- Putting a hold on bank accounts
- A prison sentence
- Etc.
Conclusion
Do not take chances with your future or that of your children’s. If you are having child custody or child support problems, call us at the Family Law Offices of “insert attorney name” in Minneapolis immediately. We will make a commitment to you and your family to arrive at an agreement that will bring stability and security to your life.
