In
any
divorce
with
minor
children,
the
court
must
make
an
award
of
the
legal
and
physical
custody
of
the
children.
By
law,
a
parent
with “legal
custody” has
the
right
and
responsibility
to
participate
in
major
decisions
determining
the
child’s
upbringing,
including
education,
health
care,
and
religious
training.
A
parent
with “physical
custody” maintains
the
routine
daily
care,
control,
and
residence
of
the
child.
The
law
creates
a
presumption
that
the
parties
should
be
awarded
joint
legal
custody.
No
such
presumption
exists
regarding
physical
custody,
however.
Rather,
the
court
awards
physical
custody
of
the
children
based
upon
its
view
of
the
best
interests
of
the
child,
and
the
so-called “best
interest
factors,” defined
by
statute,
as
follows:
a.
The
wishes
of
the
child’s
parent
or
parents
as
to
custody;
b.
The
reasonable
preference
of
the
child,
if
the
court
deems
the
child
to
be
of
sufficient
age
to
express
preference;
c.
The
child’s
primary
caretaker;
d.
The
intimacy
of
the
relationship
between
each
parent
and
the
child
e.
The
interaction
and
interrelationship
of
the
child
with
a
parent
or
parents,
siblings,
and
any
other
person
who
may
significantly
affect
the
child’s
best
interest;
f.
The
child’s
adjustment
to
home,
school,
and
community;
g.
The
length
of
time
the
child
has
lived
in
a
stable,
satisfactory,
environment,
and
the
desirability
of
maintaining
continuity;
h.
The
permanence,
as
a
family
unit,
of
the
existing
or
proposed
custodial
home;
i.
The
mental
and
physical
health
of
all
individuals
involved;
j.
The
capacity
and
disposition
of
the
parties
to
give
the
child
love,
affection,
and
guidance
and
to
continue
educating
and
raising
the
child
in
the
child’s
culture
and
religion
or
creed,
if
any.
k.
The
child’s
cultural
background;
l.
The
effect
on
the
child
of
the
actions
of
an
abuser,
if
related
to
domestic
abuse,
as
defined
in
section
518.01,
that
has
occurred
between
the
parents.
m.
The
disposition
of
each
parent
to
encourage
and
permit
frequent
and
continuing
contact
by
the
other
parent
with
the
child.
When
joint
custody
is
sought,
the
court
also
considers
the
following
factors:
a.
The
ability
of
parents
to
cooperate
in
the
rearing
of
their
children;
b.
Methods
for
resolving
disputes
regarding
any
major
decision
concerning
the
life
of
the
child,
and
the
parents’ willingness
to
use
those
methods;
c.
Whether
it
would
be
detrimental
to
the
child
if
one
parent
were
to
have
sole
authority
over
the
child’s
upbringing;
and
d.
Whether
domestic
abuse
has
occurred
between
the
parents.
The
parties
are
free
to
negotiate
custody
and
parenting
time
(formerly
known
as “visitation”)
schedules
on
their
own
as
part
of
their
divorce.
In
fact,
courts
encourage
this,
as
they
would
rather
that
the
parents
make
such
important
decisions,
rather
than
a
Judge
who
has
never
met
the
parties
or
the
children,
and
knows
very
little
about
what
works
best
for
all
involved.
If
the
parties
are
unable
to
agree
on
custody,
most
counties
typically
have
the
parties
first
go
through
a
custody
evaluation
with
the
court
services
department.
This
involves
someone
with
a
social
work
background
meeting
with
the
parties,
the
children
(if
old
enough),
and
any
other
relevant
individuals
so
that
the
evaluator
can
gather
all
of
the
information
needed
in
order
to
make
a
recommendation
to
the
court.
The
evaluator
can
also
review
any
relevant
medical,
school,
or
counseling
records.
The
report
issued
by
the
evaluator
typically
goes
through
the
best
interest
factors
from
above
and
discuss
how
they
affect
both
parties
to
the
dissolution.
In
some
instances,
the
parties
may
also
have
a
private
custody
evaluation
performed,
although
these
are
expensive
as
they
can
exceed
$10,000
in
cost.
The
report
issued
by
the
custody
evaluator
is
not
binding
on
the
court,
although
it
is
usually
highly
persuasive.
If
the
parties
still
disagree
on
custody
following
the
issuance
of
a
custody
report,
the
matter
proceeds
to
a
trial,
where
the
court
will
make
an
award
of
custody
after
hearing
all
of
the
testimony
and
relevant
evidence.
Gadtke & Beyer,
LLC
6600
France
Avenue
South
Suite
680
Edina,
MN
55435
Telephone: 952-345-8004
Fax: 952-920-2209
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