Minnesota law includes a presumption of shared custody

On Behalf of | Mar 30, 2022 | Family Law

When people think about life after divorce, they often fantasize about a future in which they don’t interact with their spouses at all. That goal is realistic for some, but less so for others.

If you share children, the chances of a clean break in your divorce diminish significantly. Instead, you will probably have to see your ex at least once a week, if not more frequently than that, to exchange custody of your children. You will also have to frequently communicate with them to fill them in on your children’s progress at school and overall health.

Although you may fantasize about sole custody, there is usually a presumption that you will share custody with your ex after the divorce.

The shared custody presumption is rebuttable

Under Minnesota family law, the courts will typically assume that the non-custodial parent has the right to at least 25% of the overall parenting time. The presumption is that this is in the best interests of the children. However, that presumption is rebuttable. That’s a legal term that means that you can convince the courts otherwise.

The goal of every custody proceeding will be arrangements that are good for the children. If your co-parent has a history of domestic abuse or serious alcoholism problems that would prevent them from parenting, you may be able to convince the court that giving them parenting time would be a dangerous level of access to and control over the children.

You will need documentation to validate your claims, but if you can convince the court, you may be able to prevent your children from being in an unsafe or unstable environment. Understanding Minnesota child custody laws can help you prepare for your upcoming divorce.