A Better Approach To Family Law

What are the types of custody?

| Dec 11, 2017 | Child Custody

When you go to court to settle custody in Minnesota, there are generally two types of custody that will be determined. According to the Minnesota Judicial Branch, these are physical and legal custody. You could be awarded one, both or none. It depends on what the court finds is in the best interest of the child. 

Physical custody is awarded to the parent who the children will live with the majority of the time. If you are granted physical custody, you get the right to make day-to-day decisions about your children. Legal custody, on the other hand, is when you get the right to make decisions on how your child is raised. 

The court could award joint custody, either physical or legal. With joint custody, you are given equal rights with the child’s other parent. Joint physical custody may be tricky if you do not live near each other, especially once children are in school. However, this is considered when the court makes its decision.

There is one more type of custody that involves getting custody of a child that is not yours. This is a very difficult area. Generally, this happens when a parent wishes to give custody to someone else. The court’s main goal is to keep children with their biological family when at all possible.

You also may deal with visitation if physical custody is awarded to the child’s other parent. Visitation is your right to see your child on a regular schedule. This information is for education only and not intended to be used as legal advice.