Parenthood is a precious privilege—one that can be fraught with fear and frustration. But every family’s situation is unique, and family law in Minnesota can be challenging to navigate, as there is never a one-size-fits-all approach.

Many parents are unsure of how to best protect themselves and their children when it comes to divorce proceedings and establishing child custody. However, avoiding certain common mistakes can help make the process smoother for everyone involved.

Having a Minneapolis child custody lawyer from Martine Law to advise and guide you through your child custody case can make all the difference. Whether you’re just beginning the process or trying to work out post-divorce details, our family law attorneys will offer personalized guidance, advocate for your rights, and help you understand key cautions in navigating the complexities of child custody cases.

In this blog, our team explains more about the legalities of child custody in Minnesota and some ways you can protect yourself and your family if you find yourself in a family law battle.

Understanding Child Custody in Minnesota

Navigating child custody laws can be complex and overwhelming. Understanding the distinctions between legal and physical custody is crucial for ensuring the best interests of your child are met. Below is an overview of how custody works in Minnesota.

What is Legal Custody in Minnesota?

According to Minnesota Statute 518.003, legal custody is the right to determine the child’s upbringing, including:

Education
Health care
Religious training

If parents have joint legal custody, both have equal rights and responsibilities, including participation in major decisions about the child’s upbringing.

What is Physical Custody in Minnesota?

Physical custody refers to the child’s routine daily care and where they live. If parents have joint physical custody, the routine daily care, control, and residence of the child are shared between the parents.

Having a compassionate family law attorney will help you navigate the complexities of legal and physical custody arrangements. They can also help you understand the nuances of custody laws, represent you in court, and facilitate communication with the other parent to minimize conflict.

10 Child Custody Mistakes You Should Avoid

From fickle feuds to frustrating filings, here are 10 child custody mistakes to sidestep to safeguard your sanity and secure stability for your family.

Mistake #1: Failing to Understand the Custody Laws of Your State

It’s not enough to just be familiar with general principles; you must become really aware on relevant statutes and case law for your case to succeed. This includes understanding any special rules that may apply, such as those related to relocation or visitation rights.

Failing to do so could result in unfortunate outcomes, such as being surprised by a judge’s ruling due to a lack of knowledge about certain aspects of the law. A family lawyer will help you understand these laws, ensuring you are well-informed and prepared for any legal challenges.

Mistake #2: Not Prioritizing Your Child’s Best Interests

It may seem ironic that the best interests of a child would be anything but prioritized in a custody battle. Unfortunately, this happens all too often and can have devastating consequences for the involved parties.

Parents must prioritize their child’s welfare when deciding custody and visitation. It’s easy to get caught up in access rights and time details, but ultimately, the child’s well-being should be the top priority.

Mistake #3: Not Having a Written Custody Agreement

When it comes to child custody, having a written agreement is essential. It helps ensure that both parties are on the same page and that there are no misunderstandings.

A written custody agreement should include details like:

The amount of time each parent will have with the child
Visitation rights for grandparents or other relatives
Rules about where the child can go and what activities they can do when in either parent’s care
Financial arrangements (such as who pays for medical expenses)
How decisions about the child’s upbringing will be made going forward

Having such an agreement allows parents to avoid common mistakes. For example, if one parent wants to move away with their children, it will already be stated in writing how much notice needs to be given—so neither party has to guess later.

Mistake #4: Overlooking Asset Division & Child Support

During a divorce involving children, asset and debt division can become complicated, especially regarding child support. Failing to consider child support payments could have long-term financial implications for both parties.

Understanding Minnesota’s laws on property division and child support is crucial to ensure a fair outcome and protect your financial future.

Mistake #5: Not Considering Your Child’s Age and Maturity

Consider your child’s age, development, and ability to understand the situation when creating custody arrangements. Evaluate each parent’s ability to manage challenging behavior and provide adequate care during custody periods.

Don’t overlook your child’s unique needs when making decisions about the following:

Visitation schedules
Decision-making abilities
Geographical limitations

Mistake #6: Not Having a Plan for Holiday and Vacation Scheduling

An effective plan keeps everyone organized and informed, including extended family members. Consistent communication among all parties helps prevent misunderstandings and ensures clarity on expectations, leading to more successful outcomes.

Mistake #7: Using Social Media to Vent Emotions

Using social media to vent or overshare can have serious consequences in a child custody case. Anything you post online can be used against you, so it’s best to refrain from discussing your case or your co-parent on social media. Instead, focus on open and respectful communication with your co-parent and lean on your attorney for support.

Mistake #8: Neglecting to Discuss Parental Rights

Both parties must understand each parent’s legal rights when making decisions about their child’s life. These discussions must occur even if you are on good terms or agree on most matters, especially concerning your child’s upbringing.

Without these conversations, misunderstandings could arise. Parents must also share responsibility for caring for their children, regardless of who has physical custody.

Mistake #9: Putting the Child in the Middle of the Conflict

Avoid putting your children in the middle of conflicts. Here are some ways to ensure their well-being during custody arrangements:

Speak Respectfully About Your Co-Parent: Maintain a positive relationship by speaking respectfully about your co-parent in front of your children.
Keep Personal Issues Away from Your Kids: Shield your children from personal conflicts to reduce their stress.
Communicate Openly: Ensure clear communication with your co-parent to prevent misunderstandings.
Stay Objective: Focus on what is best for your children rather than personal grievances.
Minimize Impact of Divorce/Separation: Provide a stable and supportive environment to help your children adjust.
Seek Guidance Counseling: Consider counseling to help your children process their emotions and cope with changes.

Mistake #10: Not Seeking Professional Legal Advice

When two parents are moving forward with a legal separation or divorce and have children involved, the decisions made in court will shape their futures for many years to come—you should not overlook seeking professional divorce and child custody legal advice.

The battles fought on the steps of family courts are often complex, and having an experienced lawyer by your side can make all the difference.

Contact Martine Law Family Law Attorneys Today!

Don’t fall victim to one of these ten common child custody mistakes in your case. Instead, partner with a child custody lawyer at Martine Law to help you confidently navigate the process. We take pride in our extensive experience handling various types of child custody cases.

Child Custody Mistakes to Avoid in Minnesota