Understanding Custody: Navigating Evaluations

Parenting Time and Custody Evaluations

In many counties, custody disputes often involve a Court-appointed evaluator. This person may work for Court Services or could be a private individual or Guardian Ad Litem. During a custody evaluation, the evaluator engages with all parties to analyze custody matters, pursuant to Minnesota Statutes. Once completed, the evaluator submits recommendations for custody and visitation to the court, focusing on the child’s best interests.

Your interaction with the evaluator is critical. Judges often rely on these independent evaluations, elevating the importance of presenting your case effectively to the evaluator.

Types of Custody

There are two types of custody: Legal and Physical. Legal custody involves sharing decisions about schooling, medical care, and activities. Minnesota law generally supports shared legal custody unless there’s an inability to communicate or domestic abuse. Physical custody, though losing significance, usually pertains to the child's primary residence. Since 2007, there's a presumption of maximizing parenting time to at least 25% for both parents.

Standard for Gaining Custody

When deciding custody for the first time, courts weigh what's in the child's best interests, as defined by Minnesota Statutes. If modifications to custody or parenting schedules are needed, the requesting party faces a higher burden to demonstrate a significant reason for change, such as child endangerment.

Working with Custody Evaluators

Evaluators can significantly impact custody cases through in-depth analyses, sometimes involving psychological or chemical dependency evaluations. Present your case honestly and assertively to evaluators without assuming their agreement implies support. Communicate how aspects of parental behavior directly affect the child’s wellbeing. Additionally, provide supporting documentation and unbiased contacts to bolster your position.

Expect initial interviews, home visits, and collateral checks. Evaluators assess the home environment, discipline methods, and child-parent interactions, making your openness and cooperation paramount.

Our experienced attorneys are committed to achieving results through strategic, customized representation. For a confidential consultation, call (952) 442-7722.