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Bloomington, MN 55431
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Child Custody
There are two types of custody determinations
that must be made in all divorce and paternity proceedings.
The first type is legal custody, which consists
of decision making with respect to extraordinary health, education,
and religious issues involving the children. Therefore, if
the parents are granted joint legal custody, they generally
share the decision making responsibilities with respect to
these issues.
The second type of custody is physical
custody, which refers to the location where the children
will reside. The parent with primary physical custody will have
the children primarily residing with him or her and will make
the daily parenting decisions as to when the children eat, do
their homework, take a bath, and go to bed.
In making decisions regarding legal and
physical custody, the Courts in Minnesota will consider the
best interests of the children. It is presumed that
joint legal custody is in the best interests of the children.
However, judges are more reluctant to award joint physical custody
absent an agreement between the parents that such an arrangement
is in the best interest of their children.
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