Did you know that couple breakups have doubled in the last twenty years? Whether they are divorces, legal separations, or broken relationships, the number of people who decide to end their relationship keeps increasing.
In most cases, such a situation entails tremendous emotional suffering. It becomes more complicated when the couple in question has children, especially minors. After the divorce or separation, deciding the custody of the child is one of the most common disputes.
At our Buffalo Minnesota law firm, we stand ready to provide each of our clients dealing with child custody cases with the representation that they need. We propose, offer, and actualize the best possible outcome for their cases.
Below we will analyze all aspects of child custody and help you learn about and understand some important legal concepts.
Child Custody Lawyers – Buffalo, Minnesota
Halvorson Langemo & Paschke helps you through the emotionally demanding process of child custody in case of separation. In Buffalo, we are experts in the legal matters of child custody and we understand how to navigate child custody cases with the fairness demanded by the law. We ensure that we help you receive what’s in the best benefit of both parents and the child.
Parental authority is the set of rights and duties that fathers and mothers have towards the children. The tasks involve taking care of their needs, educating them, protecting them and watching over their physical and psychological well-being.
On the other hand, this right also involves them enjoying your company, growing at your side and being present throughout the stages of your life. Parental responsibilities and authority includes the following duties and powers:
- To look after the children
- To have them in their company
- To feed them
- To educate them
- To provide them with an integrated development.
- To represent them
No one can legally renounce parental authority. However, in case of separation, the court can make some detrimental decisions. This is where our Buffalo, Minnesota law firm steps in to ensure that your case is argued correctly and the court’s rulings are in line with your expectations.
Even when divorced, parental authority is conserved and exercised in a shared manner. In this way, if an agreement is not reached on any of the issues mentioned above, it will be necessary to take the matter to court. Consequently, it will be the judge who decides which of the two parents will make the decision.
The judge does not decide if the minor attends private classes or undergoes a psychological treatment. If the minor is over 12 years old or has sufficient judgment, he will be heard, and his opinions will be considered in the case. At Halvorson Langemo & Paschke, we professionally help your child through this demanding procedure and ensure they do not have to endure any unnecessary mental stress.
Shared custody of the Child
It is increasingly common that child custody is exercised in a shared manner after a separation. However, this is not always possible as many factors may come into play. Usually, joint custody is considered as a more viable option.
According to the jurisprudence of the Supreme Court, joint custody must be the general rule and not the exception. This is because joint custody is known to be the most useful for the child’s stability.
Shared custody requires consensus on the terms, which is where Halvorson Langemo & Paschke law firm’s services for child custody help you. We understand how to communicate and negotiate with the opposing party and discuss things productively and convincingly.
Requirements for joint custody.
Specific requirements must be met for joint custody, which includes:
The previous exercise of joint custody.
It is necessary that the parents have previously practiced joint custody in their relationships with the child and have demonstrated their personal aptitudes. This means that before separation both parents have been involved, concerned and occupied with the upbringing and care of the children.
Proving this may require some or all of the following evidence:
- Accreditation of our participation in the educational community: being members of Mothers and Fathers Associations of students, attendance at informative meetings, follow-up, tutorials, involvement in school activities, accompaniment in excursions, etc.
- Reports from pediatricians and health professionals who have treated our children with vaccinations, medical check-ups, etc.
- Reports of the schools or nurseries that we have attended to take and pick up our children.
- Writings issued by those centers where our children participate in extracurricular activities, etc.
Likewise, it is convenient to resort to the preparation of an expert psychological opinion. It will serve to assess our attitudes towards our children, their wellbeing and the attention we give them.
This opinion can be prepared by a psychologist, but it is advisable to go to an expert who is connected with the corresponding Court or the Judicial Psycho-social Team since its objectivity and impartiality will be guaranteed to be taken into account by a court.
In this subjective opinion, the entire family unit is interviewed and evaluated. Interviews are conducted with both parents, and with the minors, alone and jointly. In this way, the professionals can assess attitudes, skills and the interrelation that parents show with their children.
All these things can be a lot of work, especially when you and your child are going through the mental and emotional stress of separation and breakup. At the law firm of Halvorson Langemo & Paschke, we take care of all these matters for all the families in Buffalo and Wright County that are going through this difficult time.
The will of eligible minors.
The wishes expressed by competent minors must be taken into account. As we have already pointed out, children with more than 12 years of age and with sufficient capacity for judgment will be heard by the judge.
It is usually an informal interview and where children are approached tactfully. It has nothing to do with the scenarios that we see on the TV. It is not a test that will involve any trauma for minors. In the interview, they neutrally talk to them. They are told that due to their age, the judge wants to know what their opinion is and to know what their situation is.
We do not want to put our children in a situation that could affect their mental health, primarily because of a decision that we make. At Halvorson Langemo & Paschke, we understand it down to this level. Therefore, we look at the bigger picture and determine the best way to approach the child.
Any other factor that allows minors to live a happy life will be taken into account, although in practice it may be more complicated than the one that takes place when the parents coexist.
Negotiations for Child Custody.
We will have to negotiate for the custody of the child to agree upon something that is in favor of the child. For this, it is necessary to define what is the situation of each of the parents and minors. Certain conditions must be considered, such as the working hours of the parents, as well as the place of work and distance from the latter to the address that the child will have in the future. With the professional help offered by Halvorson Langemo & Paschke law firm, you can have the edge over the opponent lawyer while negotiating for your terms.
Activities and schooling of the minor
Both parents, by agreeing to joint custody, are obliged to respect the schooling of the child in the center in which they are admitted (unless by the agreement they agree, within the exercise of their rights and duties of parental authority, the school center is changed).
They must also respect the extracurricular activities that the minors are involved in. The fact that both have joint custody means that during their periods they must ensure that the minor attends these activities.
Ultimately, they will ensure that the life of the child is not affected, as the separation would already change their mind and psychology significantly.
Joint Custody and Alimony
It is common to hear that in cases of shared custody there is no room for alimony in favor of the minor children.
This statement is not entirely true. In the event when both parents have a very unbalanced economic situation, where one earns more income than another, this reality could harm the child. To ensure that the child doesn’t have to go through economic fluctuations from time to time, alimony may be involved.
At the law firm of Halvorson Langemo & Paschke, we can professionally look into this matter as well to understand if alimony should be received. This process ensures the security of the child’s future and helps you with their upbringing. We can also analyze your case if the opposing party is asking for unjustified alimony to help you deal with that situation.
At the law firm of Halvorson Langemo & Paschke, we take everything in your whole situation into consideration. If you have an inquiry about a case of your child custody, you can call us now for a free consultation. We are sure that our legal advice will help clarify things for you and help you make a better decision.