How To Win Full Custody in Minnesota?

In Minnesota, full custody is a term that refers to one parent receiving sole legal and physical custody of their child. However, because it is the duty of local family courts to protect the best interests of children during legal proceedings, family judges opt to pursue joint custody when possible. This leaves many parents unsure about how to win full custody in Minnesota.

​Santana Law, PLLC, Can Help​

Because the presumption is that children benefit from having a strong relationship with each of their parents, it is difficult to win sole custody of a child in the Gopher State. However, that doesn’t mean it’s impossible. With the help of an experienced child custody lawyer like Ronnie Santana, you can prove that your child’s other parent is not fit to provide care, in which case, you should be awarded full custody.​

How Custody Proceedings Work in Minnesota

​Custody proceedings in Minnesota typically start when one parent files a legal claim. If a child’s parents are married, it will most likely be a divorce petition. If they’re unmarried, it will be a custody petition.​

Minnesota gives both parents the opportunity to craft their own custody agreement outside of court, as long as it is fair. Parents can work together with help from their lawyers or even use mediation to compromise on a plan. However, if the court does not approve of their agreement or the couple cannot form an agreement, the decision will be handed over to a local family judge. If this occurs, the judge will make their custody decision based on the best interests of the child.​

Determining Whether a Parent Is Fit for Custody in Minnesota

​There are approximately 1.3 million children under the age of 18 living in Minnesota. Around 27% of those children live in single-parent homes, emphasizing the presence of custody agreements around the state.

​Minnesota courts presume that parents are fit to provide care to their children unless there is clear evidence that demonstrates otherwise. However, if any of the following elements are present, the court may opt to give one parent sole physical and legal custody instead:

• Child abuse or neglect
• Serious mental illness
• Lack of ability to care for themselves or a child
• Substance abuse
• Lack of stability

How Do You Determine a Child’s Best Interests in Minnesota?​

Family judges in Minnesota decide who should get custody of children based on the child’s best interests. This means they must consider a child’s emotional, physical, and developmental needs, and evaluate each parent to determine whether they can meet those needs consistently. The court will also take into consideration the child’s bond with any siblings in either home and specific communities that their parents are part of.​

Parents who have been their children’s primary caretakers for years may be more likely to be awarded sole custody if the other parent’s fitness is in question, especially if it’s clear that the child is thriving in these arrangements. If the child is old enough and mature enough, they may also get a say in who they want to live with. It’s crucial that you hire a child custody lawyer who can advocate for you and your child’s interests during custody disputes in Minnesota.

​Hire a Child Custody Lawyer to Secure Full Custody in Minnesota​

Because it is rare for Minnesota judges to decide that full custody is in the best interests of a child, hiring a lawyer ensures you can build a powerful case that demonstrates why your child would benefit from you having full custody. A skilled child custody lawyer like Ronnie Santana can help you gather evidence that demonstrates why your child’s other parent is unfit, prepare court documents, negotiate with the other parent’s legal counsel, and provide you with support.​

If you believe receiving full custody is in your child’s best interests, Ronnie Santana can help you make a compelling case.

FAQs

How Do You Get Full Custody of a Child in Minnesota?

You can get full custody of a child in Minnesota by proving to a judge that this custody arrangement is in the best interests of your child. To do this, you must typically provide strong evidence as to why the other parent is unfit. You’ll need to file a petition in district court, serve the other parent, and attend all hearings where you’ll demonstrate their inability to care for your child. It’s crucial to hire a child custody lawyer in Minnesota to help you accomplish this.

​What Mistake Should You Avoid in a Custody Dispute in Minnesota?​

Unfortunately, child custody disputes often bring on intense emotions and aggressive arguments. Because of this, many parents find themselves trying to fight their coparent more than trying to protect the needs of their child. One of the biggest mistakes parents make during custody disputes is letting their emotions take control of their decisions instead of putting their child’s needs first. Judges usually frown upon these behaviors and may even penalize you for them.​

When Should You Hire a Child Custody Lawyer in Minnesota?

Whether you are going through a contentious divorce or your coparent is no longer able to care for your child, it’s crucial that you hire a Minnesota child custody attorney as soon as you enter a complex custody dispute. An experienced lawyer can ensure your rights are protected, your child’s interests are prioritized, and that your voice is heard in court. They can help you understand your legal options and work to achieve your ideal case outcome.​

What Is the Difference Between Legal and Physical Custody in Minnesota?

In Minnesota, family judges may grant two forms of custody to a parent. One of these is known as physical custody, which allows a child to live with and be cared for by an assigned parent. Legal custody in Minnesota, however, provides a parent with the right and responsibility to make crucial decisions for their child. These decisions include healthcare options, education choices, and religious practices.

​Hire a Child Custody Lawyer You Can Trust

​Whether you’re involved in a serious custody battle or you’re fighting for full custody, you need to hire an experienced Minnesota child custody lawyer right away. The sooner you retain legal counsel, the sooner you can begin advocating for yourself and your child’s needs in court. Contact Santana Law, PLLC, today to learn more about how our founding attorney can fight for you during a complex custody battle.