Legal Question in Family Law in Minnesota

Child custody

A custody evaluation is done and I am being recomended sole legal and physical custody. I am in wright cty minnesota. I am also a man. What are the chances this will hold up when we go to court


Asked on 5/20/07, 8:52 pm

2 Answers from Attorneys

Jennifer Moore Moore Family Law, P.A.

Re: Child custody

Without additional facts, it is difficult to advise you. However, I can tell you that if a Court chooses to deviate from the recommendation of a child custody evaluation, it must make specific findings explaining its decision.

Generally speaking, Courts are more likely to accept the recommendations of a child custody evaluator than they are to deviate from the recommendations of an evaluator. However, that being said, I have seen Court deviate from the evaluation's recommendation.

The fact that you are a man may or may not be a factor in the Court's decision, although it is my experience that most courts do not base decisions on the parent's gender except when the child is very, very young.

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Answered on 5/21/07, 10:43 am
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Child custody

A custody evaluation that is favorable to you certainly puts you in a good position.

However, it is just one piece of the puzzle and it does not mean that you will not be required to present a case in a trial if there is no agreement between the parties. that means, you must prepare as if the matter will proceed to trial.

Different Judges tend to have different views and ways that they approach evidence in a case. As a result, understanding your Judge can be an important part of any case.

In Wright County, there are five Judges. Your case may be assigned to any one of them or another Judge that rotates in occassionally from the other counties within the tenth judicial district. We practice regularly in those county courts.

For a consultation call 952.746.2122.

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Answered on 5/21/07, 11:22 am


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