Child Custody FAQs
When something is important, we have a tendency to ask lots of questions.
At Huson Law Firm, PLLC, in St. Paul, we have found there is no shortage of questions about child custody from our clients, and it is no surprise. After all, our children are the most important thing in our lives. Below, we have compiled some answers to frequently asked questions.
How Do Parental Rights Differ Inside Of Marriage Versus Outside Of Marriage?
If you’re the father of a child within a marriage, the law presumes that you’re that child’s biological father. However, if you have that child outside of a marriage, the mother has sole custody until you’re able to prove paternity.
Without proving paternity, you may not have any rights to custody or parenting time. A family law attorney from our office is ready to listen to your concerns and discuss your options.
What Are Your Parental Rights As A Father
As the above answer addresses, this will differ depending on the circumstances (married vs. unmarried). In general, fathers have just as much right to custody as mothers do. We pursue equal custody for fathers throughout the Twin Cities and have earned a reputation as “Lawyer For Dads.” We believe it is crucial for both parents to have a strong and positive presence in their children’s lives.
Can I Get Full Custody?
This depends on what you mean by “full custody,” but the answer is “no” in most cases. To obtain full legal and physical custody, the other parent must be absent from the picture or pose a danger to the child as a result of abusive or negligent behavior. Even in such situations, it may be possible for the other parent to obtain supervised visitation.
In most cases, some type of co-parenting arrangement will be the outcome of the custody cases, as there is a presumption that the noncustodial parent should have 25 percent of the parenting time at minimum.
What Is The Guiding Principle Of Minnesota Custody Laws?
Everything comes down to “the best interests of the children.” Even when parents can agree on a custody arrangement, it must meet this standard.
Can I Go To Court To Keep Him/Her From My Children?
As stated previously, everything in family law comes down to what is in the best interest of the child. We encourage our clients to focus on this from the start, since one way or another they are going to arrive at the outcome a judge agrees is in the child’s best interest.
Fighting for the sake of fighting is expensive and will not change this; but it could damage your ability to effectively co-parent after the divorce.
However, if there are legitimate reasons to go to trial for the best outcome, we have a proven record of success in the courtroom.