Posts Categorized: Custody

Joint Physical Custody – The 5/2/2/5 Schedule

Posted by & filed under Custody.

When parents share child custody with a 50-50 schedule, it is common for the schedule to be week-on, week-off – i.e., one week with one parent, the next week with the other parent, and so on. But not likely if a child custody professional is involved. Many parents agree to share custody by alternating weeks…. Read more »

Alcoholic and Chemically Dependent Parents and Child Custody

Posted by & filed under Custody.

If a couple with children separates, and one of the parents is alcoholic or chemically dependent, should the family court: a.    Terminate the addictive parent’s parental rights; b.    Restrict and/or supervise the addictive parent’s parenting time; c.    Condition the addictive parent’s parenting time on his or her sobriety; or d.    Leave… Read more »

Joint Physical Custody is a Legislative Issue Again

Posted by & filed under Custody.

In recent years there have been multiple attempts to create a legal presumption in Minnesota that a child should be in the joint physical custody of the child’s separated or divorced parents.  This year, there is a bill that reflects a renewed effort to pass a “JPS law” in Minnesota. What needs to be realized… Read more »

Contested Child Custody and Mental Illness

Posted by & filed under Custody.

In a contested child custody dispute, if one of the parents suffers from mental illness, it is a factor to be considered in the court’s custody decision. Many parents going through a custody battle suffer from conditions such as clinical depression, bipolar disorder, obsessive compulsive disorder or a personality disorder. The statutory provision of Minn…. Read more »

Children and Passports

Posted by & filed under Custody.

Children under the age of sixteen are not issued passports without the consent of both parents. The Two-Parent Consent Law was revised in February 2008 to include all children 16 and under, and not just children 14 and under. Both parents must be personally present for the passport application submission, to provide identification and original… Read more »

Custody Neutrals

Posted by & filed under Custody, Guardian ad litem, Parenting time expeditor.

Custody evaluations, guardians ad litem, early neutral evaluators, parenting consultants and parenting time expeditors.  They are all objective and impartial. Here are the distinctions: Custody evaluators are appointed by the court or contracted with privately by the parties. The evaluator will meet with the parents, meet with or observe the child (depending on how old… Read more »

Paternity Presumptions

Posted by & filed under Custody.

Minnesota law provides for certain paternity presumptions that govern when there is a dispute over paternity.  When a child is born to a married woman, the mother’s husband is presumed to be the father. When a child is genetically linked to a man, the man is presumed to be the father. In cases in which… Read more »

Grandparent Visitation

Posted by & filed under Custody, General Family Law, Parenting Time.

Generally, a grandparent’s right to see their minor grandchild is derivative of the child’s parent’s right to parenting time.  That is, the maternal grandparents have access to the child during the mother’s parenting time, and the paternal grandparents have access to the child during the father’s parenting time.  In most cases, grandparents do not have… Read more »

Birdnesting

Posted by & filed under Custody.

The term birdnesting refers to a custody arrangement in which the children remain in the home, and the parents alternate residence in the home with the children.  It requires each parent to have a home outside the children’s home (perhaps one alternately shared by the parents).  The birdnesting arrangement has been hailed by some as… Read more »