Legal Question in Family Law in Minnesota

Re: legal custody

It appears that you are confusing legal and physical custdoy. There are two types of custody, �legal� and �physical.� Do not confuse them. They mean very different things

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 that �legal custody� should be shared by the parents.

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. 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 divorce laws. As part of that determination, the court would certainly consider allegations of abuse. How well you aregue your case can be critical to the outcome.

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