Disputed child custody issues are undoubtedly the most emotionally draining issue for parties to address in a dissolution action.  The financial cost of a contested custody proceeding more often than not exceeds the expenses incurred to address any other issues in most cases.

Youngquist Law Office strives to explore every reasonable means of resolving child custody issues short of a contested proceeding.  Options to contested litigation are discussed elsewhere on this site.  Should voluntary agreement not be reached by the parties, this office has years of litigation experience in contesting custody and parenting time issues.

A contested custody proceeding requires great weight be given to specific statutory factors that a Court is required to look at in deciding such issues.  Those factors include the following:

• The wishes of the child's parent;
• The reasonable preference of the child, if deemed of a sufficient age to express a preference;
• Who has historically been the child's primary caretaker;
• The relationship between each parent and the child;
• The interaction of the child with parents and siblings;
• The child's adjustment to home and school;
• The length of time a child has resided in a stable environment;
• the permanence of the family unit;
• The mental and physical abilities of all involved;
• The capacity and disposition of each spouse to provide the child love, affection, and guidance;
• The child's cultural background;
• Effect that domestic abuse has had; and
• The disposition of each parent to encourage continuing communication in a positive relationship with the other parent.

None of the factors as set forth above is to be given exclusive weight over the others, but the Court is to consider all of them.  However, depending on the facts in a particular case, more weight can be given to one factor than another with regard to a final decision.

There are two main categories of custody in Minnesota.  "Legal custody" refers to major decision-making.  There is a presumption that parents should be awarded joint legal custody of their children, irrespective of where a child may physically reside.  That presumption can be overcome if there is a compelling basis to believe that it is in the best interest of the child that the parents not be awarded joint legal custody.  "Physical Custody" refers to where the child physically resides.  Parties may be awarded joint physical custody, which usually entails a specific caretaking plan for exchanges.

Final resolution of a contested custody proceeding will take many months - perhaps more than a year.  During the interim period, the Court may enter a temporary order addressing custody of the children prior to any final decision being reached.

A party may not seek modification of a final custody order for a year after entry of a Judgment and Decree, with certain exceptions.  Once there is a later motion to consider modification, our statute in Minnesota prohibits another motion being brought for a two year period thereafter, again with certain exceptions.

A party granted sole physical custody may not move the residence of a child to another state without permission of the other parent or court order.  It is not uncommon for that issue to be addressed by agreement of the parties in their negotiations and finalization of a permanent custody order.