Wednesday August 16, 2017

FAMILY LAW: New Custody Laws.

‘The only thing that is constant is change.’  Effective August 1, 2015, Minnesota’s long-established custody laws named the “best interests of the child” standards were significantly changed by the state legislature and signed into law by Governor Mark Dayton.

Section 518.17 of the Minnesota Statutes sets forth these new standards which incorporate twelve (12) factors instead of the previous thirteen factors.  These new standards apply some of the previous factors such as the reasonable preference of the child, whether domestic abuse occurred between the parties, and the fitness of the proposed custodians to parent the child.  However, the new standards also incorporate fresh factors such as the history of the parents in providing care for the child, the benefit or detriment to a child to maximize or limit parenting time with a parent, and the co-parenting skills of the proposed custodial parents.

It is unclear as to how the courts will weigh and apply these factors in light of the changing needs of children during their age development years.  You may need learned counsel to assist you in addressing these new laws.

We can advise and assist you in modifying custody or parenting time regarding your child(ren).  We represented many clients from temporary motions to evidentiary hearings (i.e. trials) on custody or parenting time matters to meet the needs of families.  Let us know if we can help you.

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