Creating,Minnesota,Custody,Agr law Creating a Minnesota Custody Agreement
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Afteryou have divorced or separated, you want to do everything you can tomake sure that your children receive the care they need. There aremany parents who create a custody agreement because they know that itwill help them provide quality care for their children even thoughthe family circumstances have changed. If you live in Minnesota,there are certain guidelines you must follow so your custodyagreement can become an official court document. You can find childcustody laws in Chapter 518 of the MinnesotaStatutes.Chapter518.1705 of the Minnesota Statutes is entitled Parenting Plans,which is another phrase for custody agreements. Since the state ofMinnesota uses the term parenting plan, for here on out, this articlewill too. Here is some basic information about parenting plans inMinnesota:Aparenting plan can be made in place of a child custody or parentingtime order upon the request of both parents.Thecourt may make a parenting plan if both parents do not agree on aplan.Ifneither parent nor the court makes a parenting plan, orders forcustody and parenting time must go into effect.Aparenting plan can use any language or alternate terminology ifparents agree to that terminology.Aparenting plan designating decision-making responsibilities orallocation of parenting time must also designate whether parentsshare joint legal or joint physical custody or have sole legal orsole physical custody.Ifparents cannot agree on a plan, the court may require each parent tosubmit their own before the court makes a final judgment.InMinnesota, you should be prepared to develop a parenting plan eitherwith the other parent or individually for court submission. Parentsare encouraged to work together to make a plan. When custody,parenting time or a parenting plan is not agreed upon, the court mayorder that both parents attend an orientation and education programfor up to eight hours. Either parent may be excused from theeducation program by requesting and showing good cause.Minnesotahas some required elements for a parenting plan which you can find inChapter 518.1705. Your Minnesota parenting plan must contain:Aparenting time schedule showing how time is spent with the childAdesignation of decision-making responsibilities (legal custody)concerning the childAmethod of resolving disputesOtherissues and matters the parents believe are important for the care ofthe childIfboth parents voluntarily agree to a parenting plan, other terminologyfor physical and legal custody may be used as long as the substituteterms are defined in your plan. If there has been a history of abuseor domestic violence on the part of the other parent, you may nothave to create a parenting plan and the court may limit the parentingtime of the offending parent.Asyou make a parenting plan, you should consider your child's needs andmake your plan accordingly. Chapter 518.175 states that each parentshould have adequate parenting time with the child so that arelationship can be maintained. This is generally in the child's bestinterests. If you keep your child's best interests in mind and worktogether to create an effective Minnesota parenting plan, you have anexcellent chance that the court will accept your plan and make itofficial.
Creating,Minnesota,Custody,Agr