Legal Question in Family Law in Minnesota
My ex and I have agreeded on custody on our four month old how do we legalized it with out going through the courts?
2 Answers from Attorneys
I am assuming that when you state "ex," you are referring to your ex girlfriend/boyfriend since if you had been married, the two of you would have addressed custody in your divorce. There are two kinds of custody, legal and physical. Legal is regarding who gets to make the decisions for the minor child regarding religious upbringing, education, and unnecessary medical. According to statute, the law presumes that it is in the child's best interest that the parents have joint legal custody but this is only a presumption and not true in all cases. Physical custody is defined as the parent who provides the primary residence for a child and is responsible for most of the day-to-day decisions for the child. Parenting time is the schedule for where the child is going to be day-to-day. If you and your ex have come to some agreement on all three of these (legal custody, physical custody, and parenting time), the only way to make it legal is to have it court ordered. You can contact an attorney to figure out to do this. Another option is to check the website www.mncourts.gov and review the forms that are available.
First, to legalize the custody arrangements, you must have the agreement memorialized by the court as a court order. That can done by motion or by commencing an action and filing a Stipulation and Order.
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