Legal Question in Family Law in Minnesota

Re: child custody

Legal Custody is the right to make decisions related to your minor children. Major decisions include education, health care, and religion. There is a strong presumption under most state laws that �legal custody� should be shared by the parents. An award of joint �legal custody� is not a basis for a downward departure in child support.

Physical Custody is what most people think of when the term �custody� is mentioned. It can also be called physical placement or primary physical residence.

Physical custody is the primary physical residence of the child. The presumptions differ from state to state. Some states have a presumption that when parents disagree on who should have primary physical custody, it should be awarded to one parent.

In any custody dispute, the Court must decide what is in the �best interests� of the children. To do so, the Court is required to look at thirteen factors that have been set out in the state's particular custody laws.

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