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Fighting for child custody

Minnesota parents who are going through a divorce should make sure to have a good strategy before going to court to fight for physical custody of their children. It helps if they are knowledgeable about the state's child custody laws and that their respective family law attorneys have experience with this matter.

Parents should avoid making any assumptions about their child custody case, including assuming that their side of the issue will be favored by the judge. It is important to know that the court's only role is to make decisions that are in the best interests of the child. Parents who show the judge that the well-being of their child is also their primary focus may help improve their case.

Cases in which the goal is obtaining sole physical custody can result in a long and complicated child custody battle when both parents are unwilling to yield in their position and come to an agreement. Because the court has the final say on who will have custody, the results can be unexpected for both parties. This is why parents should consider the value of compromising and whether their child would benefit more from shared custody.

There are certain factors the judge will consider when ruling on child custody cases. This includes which party qualifies as the better parent, any supporting documentation that is shared with the court, how both parties conduct themselves during the hearing and what will be in the best interests of the child.

One of the services a family law attorney may provide is representation during child custody hearings. However, in many cases attorneys will suggest that their clients try to resolve this issue through mediation first, as it is not only in most cases less expensive than litigation but it can be easier on the children as well.

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Juvenile Criminal
Defense Strategies

Christa Jacqueline Groshek
© 2012 Aspatore Books from
Thomson Reuters Westlaw.
Reproduced by permission